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ELLIOT COAL MIN. CO. v. DIR., OFFICE OF WKRS. COMP.

No. 92-3385.

17 F.3d 616 (1994)

ELLIOT COAL MINING COMPANY, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Benefits Review Board, United States Department of Labor, Metro Kovalchick, Respondents.

United States Court of Appeals, Third Circuit.

Decided February 9, 1994.

Attorney(s) appearing for the Case

Stephen Yakopec, Jr., Elise Glenn, Mark R. Hornak, (Argued), Buchanan Ingersoll Professional Corporation, Pittsburgh, PA, Attorneys for Petitioner.

Marshall J. Breger, Solicitor of Labor, Donald S. Shire, Associate Solicitor for Black Lung Benefits, Michael J. Denney, (Argued), Counsel for Appellate Litigation Karen N. Blank, United States Department of Labor, Office of the Solicitor, Washington, DC, Attorneys for Respondent Director, Office of Workers' Compensation Programs.

Present: HUTCHINSON and NYGAARD, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Elliot Coal Mining Company ("Elliot") petitions for review of an order of the United States Department of Labor Benefits Review Board ("Board"). The ultimate question in this case is whether Elliot or the Black Lung Disability Trust Fund (the "Trust Fund"), financed by an excise tax on coal, must pay black lung benefits due Metro Kovalchick ("Kovalchick" or "claimant") and sixteen other miners who once worked...

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