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DIR., OFFICE OF WKRS. COMP. PROG v. SOUTH EAST COAL

No. 78-3507.

598 F.2d 1046 (1979)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. SOUTH EAST COAL COMPANY, Employer, and Old Republic Insurance Company, Carrier, and Obie Spicer, Claimant, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 29, 1979.

Attorney(s) appearing for the Case

Laurie M. Streeter, Kenneth F. Noto, Gary P. Brady, U. S. Dept. of Labor, Washington, D. C., for petitioner.

John L. Kilcullen, Washington, D. C., for South East Coal Co.

J. W. Craft, Jr., Craft, Barrett, Haynes & Ward, Hazard, Ky., for Old Republic Insurance Co.

Richard D. Cooper, Hazard, Ky., for Obie Spicer.

Before EDWARDS, Chief Judge, and WEICK and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

The narrow issue in this case is whether the Black Lung Disability Trust Fund (the Trust Fund) may be held liable for attorney's fees awarded to a black lung claimant whose work as a coal miner ended before January 1, 1970. The Benefits Review Board (BRB) held that the Trust Fund is liable for the payment of such an award of attorney's fees. We agree and affirm.

The Director, Office of Workers...

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