1. Home
  2. Browse Decisions
  3. F.2d
  4. 667 F.2d
  5. 667 F.2d 336 (1981)
 

COMPENSATION DEPT., ETC. v. MARSHALL

No. 81-1633.

667 F.2d 336 (1981)

COMPENSATION DEPARTMENT OF DISTRICT FIVE, UNITED MINE WORKERS OF AMERICA, Appellant, v. Ray MARSHALL, Secretary of Labor, Donald Ellisburg, Assistant Secretary of Labor, Employment Standards Administration, Ralph Hartman, Director, Office of Workers' Compensation Programs, James R. Yocum, Associate Director, Division of Coal Mine Worker's Compensation Programs, Francis A. Demarino, Acting Chief, Branch of Claims Determination and The Department of Labor, Appellees, and Bethlehem Mines Corporation, Consolidation Coal Company, the Pittston Group, Westmoreland Coal Company, Old Republic Insurance Company, Republic Steel Corporation and the North American Coal Corporation, Nacco Mining Company, Quarto Mining Company, Intervenors-Appellees.

United States Court of Appeals, Third Circuit.

Decided December 9, 1981.

Attorney(s) appearing for the Case

Margaret D. Blough (argued), United Mine Workers of America, Dist. 5, Compensation Dept., Pittsburgh, Pa., for appellant.

Robert J. Cindrich, U. S. Atty., Pittsburgh, Pa., Stuart E. Schiffer, Acting Asst. Atty. Gen., Anthony J. Steinmeyer, Stanley E. Alderson (argued), Attys., U. S. Dept. of Justice, Washington, D. C., for defendants-appellees; Cornelius Donoghue, Jr., Acting Associate Sol. for Employee Benefits, Dept. of Labor, Joseph M. Walsh, Counsel for Claims, Dept. of Labor, Washington, D. C., of counsel.

Charles M. Surber, Jr. (argued), Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., for intervenors-appellees.

Before SEITZ, Chief Judge, GARTH, Circuit Judge, and POLLAK, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

This is an appeal from an order of the district court for the Western District of Pennsylvania which dismissed an action brought by the Compensation Department of District Five, United Mine Workers of America ("District Five") against the Secretary of Labor. District Five sought to enjoin the Secretary from rereading X-rays of black lung claimants, contending that the Secretary's practice violated § 413(b)...

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