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DIRECTOR, ETC. v. NORTH AMERICAN COAL CORP.

No. 79-2127.

626 F.2d 1137 (1980)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. NORTH AMERICAN COAL CORP., Employer, and Kenneth M. Truitt, Claimant, Respondents.

United States Court of Appeals, Third Circuit.

Decided June 30, 1980.

Attorney(s) appearing for the Case

Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Judith E. Wolf, Co-Counsel, Washington, D. C., for Black Lung Benefits, John S. Lopatto, III (argued), Atty., U. S. Dept. of Labor, Washington, D. C., for petitioner, Director, Office of Workers' Compensation Programs.

David J. Millstone (argued), Maria J. Codinach, Squire, Sanders & Dempsey, Cleveland, Ohio, for respondent, North American Coal Corp.

Joseph N. Mack, Mack & Bonya, Indiana, Pa., for respondent, Kenneth M. Truitt.

Before ROSENN and HIGGINBOTHAM, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

In this case we are asked to construe provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901 et seq. (1976) (amended 1978) (the Act).1 These provisions make mine operators liable for the total disability of their employees due to Black Lung disease which arose during their employment. Because we conclude that the...

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