IN RE SEBBEN

Nos. 86-1295, 86-1315.

815 F.2d 475 (1987)

In re James SEBBEN, John Cossolotto, Bruno Lenzini, Charles Tonelli, on behalf of themselves and all others similarly situated, Petitioners. James SEBBEN; John Cossolotto; Bruno Lenzini; and Charles Tonelli, on behalf of themselves and all others similarly situated, Appellants, v. William E. BROCK, III; United States Secretary of Labor; United States Department of Labor; and Steven Breeskin, Acting Deputy Commissioner, U.S. Department of Labor, Division of Coal Mine Workers' Compensation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 25, 1987.

Rehearing and Rehearing Denied June 25, 1987.


Attorney(s) appearing for the Case

I. John Rossi, Des Moines, Iowa, for appellants.

John E. Beamer, Des Moines, Iowa, for appellees.

Before HEANEY and ROSS, Circuit Judges, and LARSON, Senior District Judge.


Rehearing and Rehearing En Banc Denied June 25, 1987.

HEANEY, Circuit Judge.

The appellants, James Sebben, John Cossolotto, and Charles Tonelli, are claimants and representatives of a group of claimants seeking benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-42 (1982 & Supp. III 1985) (codified as amended in 1972, 1978, 1981 and 1984) (the BLBA). In the district court, they sought certification of a class and a writ of mandamus under...

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