DIRECTOR, ETC. v. BLACK DIAMOND COAL MINING CO

Nos. 78-3169, 78-3321, 78-3725 and 79-2185.

598 F.2d 945 (1979)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. BLACK DIAMOND COAL MINING COMPANY, Employer-Respondent, and Grover C. Frederick, Claimant-Respondent. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. MOSS & McCORMACK MINING COMPANY, and The Drummond Company, Employers-Respondents, and Elmon Bridgemon, Claimant-Respondent. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Louis A. PALESTINI, Jr., Claimant-Respondent, and United States Steel Corporation, Employer-Respondent. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. MOSS & McCORMACK MINING COMPANY, and The Drummond Company, Employers-Respondents, and Elmon Bridgemon, Claimant-Respondent.

United States Court of Appeals, Fifth Circuit.

July 11, 1979.


Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, U. S. Dept. of Labor, Laurie M. Streeter, Associate Sol., Judith E. Wolf, Co-Counsel for Black Lung Benefits, Belva D. Newsome and Kenneth F. Noto, Attys., Washington, D. C., for petitioner.

Charles T. Clark, Birmingham, Ala., for Grover C. Frederick.

Lange, Simpson, Robinson & Somerville, Harry L. Hopkins, Charles C. Pinckney, Birmingham, Ala., for Black Diamond Coal Co.

Anthony L. Cicio, Birmingham, Ala., for Elmon Bridgemon.

Bradley, Arant, Rose & White, John H. Morrow, Stephen E. Brown, Birmingham, Ala., for Moss & McCormack and Drummond Co.

Trucks, Parsons & Guyton, Fairfield, Ala., for Louis A. Palestini, Jr.

W. H. Woolverton, Jr., Fairfield, Ala., James D. Strader, Gen. Atty., Pittsburgh, Pa., for U. S. Steel Corp.

Before TUTTLE, GODBOLD and RUBIN, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The Director, Office of Workers' Compensation Programs, United States Department of Labor, appeals from decisions of the United States Department of Labor Benefits Review Board holding the Black Lung Disability Trust Fund liable for attorneys' fees incurred by claimants of black lung benefits whose last coal mine employment terminated prior to 1970. The issue is whether such a claimant, his employer or the trust fund is to bear the claimant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases