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HARMAR COAL CO. v. DIRECTOR, OWCP

No. 90-3259.

926 F.2d 302 (1991)

HARMAR COAL COMPANY and Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR and Joseph J. Rostis, Respondents.

United States Court of Appeals, Third Circuit.

Decided February 21, 1991.

Attorney(s) appearing for the Case

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

Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, Sylvia T. Kaser, and Michael J. Denney, Counsel for Appellate Litigation, Rita Roppolo (argued), U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent Director, Office of Workers' Compensation Programs.

William L. Lowman and James Harkness (argued) United Mine Workers of America, Belle Vernon, Pa., for respondent Joseph J. Rostis.

Before GREENBERG, HUTCHINSON and COWEN, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Harmar Coal Company (Harmar) and Old Republic Insurance Company (Old Republic), Harmar's insurer against liability for federal black lung benefits, petition for review of an order of the Benefits Review Board (Board). The Board affirmed the Department of Labor's (Department's) determination that Joseph Rostis (Rostis) was entitled to black lung benefits and that Harmar and Old Republic were responsible for...

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