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B & S COAL, CO. v. DIRECTOR, OFFICE OF WORK. COMP. PRO.

No. 93-3665.

35 F.3d 1041 (1994)

B & S COAL COMPANY and Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1994.

Rehearing and Suggestion for Rehearing Denied November 1, 1994.

Attorney(s) appearing for the Case

Mark E. Solomons (argued and briefed), William E. Berlin, Arter & Hadden, Washington, DC, for petitioners.

Deborah E. Mayer (argued and briefed), U.S. Dept. of Labor, Office of the Sol., Washington, DC, for respondent.

Before: GUY and BOGGS, Circuit Judges; and CLELAND, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied November 1, 1994.

PER CURIAM.

Petitioners, a coal mine operator and its insurer, appeal the decision of the Department of Labor's Benefits Review Board affirming an administrative law judge's determination that neither the Board nor an ALJ has jurisdiction to consider a challenge to the Department's method of calculating interest due on unpaid reimbursements of monies paid on behalf of coal operators by...

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