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LOUISVILLE AND NASHVILLE R. CO. v. DONOVAN

No. 82-5072.

713 F.2d 1243 (1983)

LOUISVILLE AND NASHVILLE RAILROAD CO., et al., Plaintiffs-Appellees, v. Raymond J. DONOVAN, Secretary of Labor, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1983.

Rehearing Denied September 28, 1983.

Attorney(s) appearing for the Case

Stanley E. Alderson, Dept. of Justice, Washington, D.C., Ronald E. Meredith, U.S. Atty., Louisville, Ky., Leonard Schaitman, Marleigh Dover (argued), U.S. Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellants.

Edgar A. Zingman, Wyatt, Tarrant & Combs, Louisville, Ky., Charles Landrum, Jr., Landrum, Patterson & Dickey, Lexington, Ky., Bert T. Combs (argued), Louisville, Ky., for plaintiffs-appellees.

Before EDWARDS, Chief Circuit Judge, ENGEL, Circuit Judge, and WEICK, Senior Circuit Judge.

ENGEL, Circuit Judge.

The Secretary of Labor appeals from a judgment of the district court which permanently enjoins him from applying the Black Lung Benefits Act ("BLBA"), 30 U.S.C. § 901 et seq., to railroad employees, former railroad employees, or railroads. Upon consideration, we conclude that the district court lacked jurisdiction to grant the declaratory and injunctive relief sought by the plaintiffs. Accordingly, we remand with directions to vacate...

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