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DIRECTOR, ETC. v. BETHLEHEM MINES CORP.

Nos. 81-1191 to 81-1194.

669 F.2d 187 (1982)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. BETHLEHEM MINES CORPORATION, and Pauline Fleming (Widow of Harry L. Fleming), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. CONSOLIDATION COAL COMPANY, and Leonard Slevin, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. CONSOLIDATION COAL COMPANY, and Employers Service Corporation, and Thelma Iser (Widow of Aubrey C. Iser), Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. HAWLEY COAL MINING CORPORATION, and Abraham L. Christian, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1982.

Attorney(s) appearing for the Case

Virginia C. Smith, U. S. Dept. of Labor, Washington, D. C. (T. Timothy Ryan, Jr., Sol. of Labor, Cornelius S. Donoghue, Jr., Acting Associate Sol., Washington, D. C., Judith E. Kramer, Co-Counsel for Black Lung Benefits, Washington, D. C., on brief), for petitioner.

Charles M. Surber, Jr., Charleston, W. Va. (J. Randolph Query, III, Robert J. Busse, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), J. Scott Leckie, Pittsburgh, Pa. (Mark Solomons, John Kilcullen, Kilcullen & Kilcullen, Washington, D. C., on brief), for respondents.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.

MURNAGHAN, Circuit Judge:

We are here presented with a difficult issue of interpretation of § 435 of the Black Lung Benefits Reform Act of 1977, 30 U.S.C. § 945. The question is whether certain claims for black lung disability benefits filed before June 30, 1973 are to be paid by the individual coal mine operator responsible for the disability, or are to be paid from the Black Lung Disability Trust Fund.

I.

The Director, Office of Workman...

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