Henry CURSE and George New, Petitioners,
v.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
April 26, 1988.
April 26, 1988.
Attorney(s) appearing for the Case
Jenner & Block, Raymond T. Reott, Chicago, Ill., for petitioners.
Nathaniel Spiller, Carol A. De Deo, Jeffrey A. Hennemuth, Office of the Sol., U.S. Dept. of Labor, Mark E. Solomons, Arter & Hadden, Washington, D.C., for respondent.
John J. Bagnato, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for amicus Bethenergy Mines, Inc.
Allen R. Prunty, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for amici Island Creek Coal Co., Consol. Coal, et al.
Before FAY and KRAVITCH, Circuit Judges, and ATKINS, Senior District Judge.
United States Court of Appeals, Eleventh Circuit.
FAY, Circuit Judge:
The Black Lung Benefits Act ("the Act")1 is designed to provide benefits to coal miners totally disabled by pneumoconiosis, or black lung disease. 30 U.S.C. § 901(a) (1982). Two former miners, Henry Curse and George New, who had previously filed class B claims and been denied benefits, received the opportunity to reapply for benefits through the 1978 amendments to the...
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