WILLIAMSON SHAFT CONTRACTING COMPANY, Appellant,
v.
Charles K. PHILLIPS and Benefits Review Board, United States Department of Labor, Appellees.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued April 14, 1986.
Decided June 30, 1986.
Attorney(s) appearing for the Case
William Howe (argued), Richard B. Fellows (argued), Richard A. Steyer, Loomis, Owen, Fellman & Howe, Washington, D.C., for appellant.
R. Wallace Maxwell (argued), Maxwell & Davis, Waynesburg, Pa., for appellee Charles K. Phillips.
George R. Salem, Deputy Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Bruce A. McDonald (argued), Mark Robson, Office of Sol., Washington, D.C. for appellee — U.S. Dept. of Labor.
Before SEITZ, HIGGINBOTHAM and BECKER, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
BECKER, Circuit Judge.
When, in 1977, Congress expanded the coverage of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 801 et seq., to provide for Black Lung benefits to employees of coal mine construction companies, it did so by expanding the definition of "miner" to include coal mine construction workers exposed to "coal dust." A subsequent regulation promulgated...
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