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MATALA v. CONSOLIDATION COAL CO.

Nos. 80-1287, 80-1288.

647 F.2d 427 (1981)

John MATALA, Appellee, v. CONSOLIDATION COAL COMPANY, Appellant, and Ray Marshall, Secretary of Labor, Defendant. John MATALA, Appellee, v. Ray MARSHALL, Secretary of Labor, Appellant, and Consolidation Coal Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1981.

Rehearing and Rehearing Denied July 21, 1981.

Attorney(s) appearing for the Case

Belva D. Newsome, U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Judith E. Wolf, Co-Counsel, Washington, D. C., for Black Lung Benefits on brief), for appellant Secretary of Labor.

John H. Riordan, Jr., Pittsburgh, Pa. (Anthony J. Polito, Leonard Fornella, Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburgh, Pa., on brief), for appellant Consolidation Coal Co.

Steven B. Jacobson, Los Angeles, Cal. (De Castro, West & Chodorow, Los Angeles, Cal., James M. Haviland, Washington, D. C., and McIntyre, Haviland & Jordan, Charleston, W. Va., Harrison Combs, General Counsel, Mary Lu Jordan, United Mine Workers of America, Washington, D. C., on brief), for appellee.

Before BUTZNER, SPROUSE and ERVIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 21, 1981.

ERVIN, Circuit Judge:

Matala is an underground coal employee at Consolidation Coal Company's (Consolidation) Blacksville No. 2 mine in Monongalia County, West Virginia. Prior to March 1, 1975, Matala was employed as a continuous mine operator. On or about March 1, 1975, he was diagnosed as having symptoms of pneumoconiosis (black lung). He thus exercised his right granted by section 203(b)(2) of title II...

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