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PYRO MIN. CO. v. SLATON

Nos. 88-3051, 88-3052 and 88-3665.

879 F.2d 187 (1989)

PYRO MINING COMPANY, et al. (88-3051); Apache Mining Company, et al. (88-3052); Warner Coal Company (88-3665); Petitioners, v. John M. SLATON, et al. (88-3051); Millis Roberts, et al. (88-3052); L.C. Saylor, et al. (88-3665); Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 29, 1989.

Attorney(s) appearing for the Case

Laura Metcoff Klaus, Mark E. Solomons (argued), Arter & Hadden, Washington, D.C., for petitioners.

Henry E. Hayden, Hayden & McKown, Hartford, Ky., Byron L. Hobgood, Charles Frankin (argued), Madisonville, Ky., for John M. Slaton.

Rae Ellen Frank James, Asst. Sol., Washington, D.C., Barbara J. Johnson, Nicholas J. Levintow, Thomas L. Holzman, Sylvia T. Kaser (argued), U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for Office of Workers' Compensation Programs.

Stephen R. Chappell (argued), Landrum & Shouse, Lexington, Ky., for L.C. Saylor.

Before MARTIN and BOGGS, Circuit Judges; and CONTIE, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

In these consolidated cases, petitioners Pyro Mining Company, Apache Mining Company, Warner Coal Company and Old Republic Insurance Company seek review of a decision of the Benefits Review Board denying them an opportunity for a hearing before an administrative law judge in claims arising under Part C of the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. Because of our holding in Warner Coal Company v. Director, Office...

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