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DIRECTOR, OFFICE OF WORKERS' COMP. PROGRAMS v. REPUBLIC STEEL

Nos. 81-1105 to 81-1111, 81-1309 to 81-1315 and 81-1320, 81-1321.

663 F.2d 8 (1981)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1105, v. REPUBLIC STEEL CORPORATION and Edward Yakubco, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1106, v. ALLEGHENY RIVER MINING COMPANY, Old Republic Companies, and Bertha Ruston (Widow of Samuel Ruston), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1107, v. CONSOLIDATION COAL COMPANY and Josephine Paulian (Widow of Dawton Paulian), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1108, v. REPUBLIC STEEL CORPORATION and Andrew Bordas, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1109, v. UNITED STATES STEEL CORPORATION and Mike Mrosko, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1110, v. UNITED STATES STEEL CORPORATION and Jennie M. Sabatini (Widow of Michael Sabatini), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1111, v. UNITED STATES STEEL CORPORATION and Julia C. Ward (Widow of Donald V. Charlton), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1309, v. BELTRAMI ENTERPRISES, INC. and Lackawanna Casualty Company and Alice Houston (Widow of Daniel Houston), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1310, v. BETHLEHEM MINES CORPORATION and Edna M. Fye (Widow of Merle Fye), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1311, v. DUQUESNE LIGHT COMPANY and George Jenkins, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1312, v. NATIONAL MINES CORPORATION and Old Republic Companies and James Gehron, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1313, v. UNITED STATES STEEL CORPORATION and Louise Solomon (Widow of George Solomon), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1314, v. REPUBLIC STEEL CORPORATION and Hazel Oberlitner (Widow of Frank J. Oberlitner), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1315, v. REPUBLIC STEEL CORPORATION and William J. Kozakiewicz, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1320, v. BENJAMIN COAL COMPANY and Old Republic Insurance Company and Edith Biss (Widow of Harry Biss), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner in No. 81-1321, v. REPUBLIC STEEL CORPORATION and Joseph Venick, Respondents.

United States Court of Appeals, Third Circuit.

Decided October 23, 1981.

Rehearing and Rehearing Denied December 11, 1981.

Attorney(s) appearing for the Case

Denise Butler Harty, (argued), T. Timothy Ryan, Jr., Sol. of Labor, Virginia B. Ragle, Acting Asst. Co-Counsel for Black Lung Benefits, Donald S. Shire, Associate Sol., Judith E. Wolf, Co-Counsel for Black Lung Benefits, Laurie M. Streeter, Associate Sol., Cornelius S. Donoghue, Jr., Acting Associate Sol., Judith E. Kramer, Co-Counsel for Black Lung Benefits, U. S. Dept. of Labor, Washington, D. C., for petitioner.

Margaret D. Blough (argued), Ronald J. Zera, United Mine Workers of America, Pittsburgh, Pa., for respondents Edward Yakubco in No. 81-1105; Josephine Paulian in No. 81-1107; Andrew Bordas in No. 81-1108; Hazel Oberlitner in No. 81-1314; William J. Kozakiewicz in No. 81-1315; Joseph Venick in No. 81-1321.

Edward A. McFarland (argued), Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for respondent Republic Steel Corp. at Nos. 81-1105, 81-1108, 81-1314, 81-1315, 81-1321.

Mark E. Solomons, John L. Kilcullen, Kilcullen, Wilson & Kilcullen, Washington, D. C., for respondents Allegheny River Mining Company and Old Republic Companies at No. 81-1106, National Mines Corporation and Old Republic Companies at No. 81-1312, and Benjamin Coal Company and Old Republic Companies at No. 81-1320.

J. Randolph Query III, Jackson, Kelly, Holt & O'Farrell, Charleston, W. V., for respondent Consolidation Coal Co. at No. 81-1107.

James D. Strader, U. S. Steel Corp., Workers' Compensation & Casualty, Pittsburgh, Pa., for respondent United States Steel Corporation at Nos. 81-1109, 81-1110, 81-1111, 81-1113.

Joseph P. Lenehan, Lenehan, Dempsey & Piazza, Scranton, Pa., for respondents Beltrami Enterprises Inc. and Lackawanna Casualty Co. at No. 81-1309.

John J. Bagnato, Robert G. Rose, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for respondent Bethlehem Mines Corp. at No. 81-1310.

Diane S. Eismont, Duquesne Light Co. Legal Dept., Pittsburgh, Pa., for respondent Duquesne Light Company at No. 81-1311.

John M. Elliott, Constance B. Foster, Lawrence G. McMichael, Alexandra D. Sandler, Philadelphia, Pa., for amicus curiae, Pennsylvania Coal Mining Association; Dilworth, Paxson, Kalish & Levy, Philadelphia, Pa., of counsel.

Before ALDISERT, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Rehearing and Rehearing In Banc Denied December 11, 1981.

OPINION OF THE COURT

PER CURIAM.

This petition for review of Benefit Review Board decisions in sixteen related black lung benefits cases requires us to determine whether the Board correctly held that § 435 of the Federal Coal Mine Health and Safety Act, as amended, 30 U.S.C. § 945, does not require certain black lung benefit claims to be paid by individual coal operators. The claims...

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