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CONNORS v. OGLEBAY NORTON COMPANY

No. 87-3799.

848 F.2d 84 (1988)

Joseph P. CONNORS, et al., Plaintiffs-Appellants, v. OGLEBAY NORTON COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 3, 1988.

Attorney(s) appearing for the Case

Paula L. Friedman, Baker & Hostetler, Cleveland, Ohio, Charles G. Starrs (argued), Associate Counsel, UMWA Health & Retirement Funds, Washington, D.C., Gerald E. Cole, Jr., Israel Goldowitz, for plaintiffs-appellants.

John G. Paleudis (argued), Gerald P. Duff, Hanlon, Duff & Paleudis Co., St. Clairsville, Ohio, John J. Kirn, Asst. Sec. & Counsel, Oglebay Norton Co., Cleveland, Ohio, for defendant-appellee.

Before LIVELY, C.J., and MERRITT and BOGGS, Circuit Judges.

PER CURIAM.

Trustees of the United Mine Workers of America 1950 Benefit Plan instituted this action in district court to recover medical expenses paid by the Plan on behalf of six miners, purported to be for conditions covered by the Black Lung Act as amended, 30 U.S.C. §§ 901-945. The complaint alleges that the defendant, Oglebay North Company, has been deemed the responsible operator for black lung purposes by the Department of Labor. The district court...

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