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DONOVAN v. McKEE

Nos. 87-1138(L), 87-1139.

845 F.2d 70 (1988)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor; Wallace E. Robinson, Deputy Commissioner, Office of Workers' Compensation Programs, United States Department of Labor, Plaintiffs-Appellees, v. Roger McKEE, Defendant-Appellant, and Kenneth McKee; Robert Bailey, Defendants. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor; Wallace E. Robinson, Deputy Commissioner, Office of Workers' Compensation Programs, United States Department of Labor, Plaintiffs-Appellees, v. Kenneth McKEE, Defendant-Appellant, and Roger McKee; Robert Bailey, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1988.

Attorney(s) appearing for the Case

Daniel Grove Moler (Moler & Staton, Mullens, W.Va., John David Wooton, Wooton, Wooton & Fragile, Beckley, W.Va., on brief), for defendants-appellants.

Thomas L. Holzman, Asst. Counsel for Appellate Litigation, U.S. Dept. of Labor, Office of the Sol. (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Washington, D.C. for Appellate Litigation, on brief), for plaintiffs-appellees.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

ELLIS, District Judge:

This is an appeal from a summary judgment holding appellants, Kenneth and Roger McKee, personally liable for an administrative award of black lung disability benefits under the Federal Coal Mine Health and Safety Act of 1969 (the Act). A Department of Labor hearing officer awarded benefits to David Cline, a coal miner who had contracted pneumoconiosis (black lung) while employed by appellants' coal mining partnerships. The award issued against...

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