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DIR., OFF. OF WKRS' COMP. PROG. v. DRUMMOND COAL

No. 86-7512.

831 F.2d 240 (1987)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. DRUMMOND COAL COMPANY and Miles Cornelius, Respondents.

United States Court of Appeals, Eleventh Circuit.

November 2, 1987.

Attorney(s) appearing for the Case

Michael J. Denny, Thomas L. Holzman, Ellen L. Beard, U.S. Dept. of Labor, Washington, D.C., for petitioner.

A. Inge Selden, III, H. Thomas Wells, William S. Dodson, Jr., Birmingham, Ala., for respondents.

Before TJOFLAT and ANDERSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.

ANDERSON, Circuit Judge:

Though clouded in procedural obscurity, the parties' basic dispute is over who should pay Miles Cornelius' black lung benefits — the Black Lung Disability Trust Fund, established by the United States1 or Drummond Coal Company, Cornelius' former employer. Because the Benefits Review Board correctly determined that the Trust Fund bears liability for Cornelius' benefits, we deny the Director's Petition for...

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