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BETHENERGY MINES, INC. v. DIR., OFFICE OF WORKERS COMP.

Nos. 93-3428 to 93-3432 and 93-3463.

32 F.3d 843 (1994)

BETHENERGY MINES, INC., Petitioner No. 93-3428, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor and Catherine Pierson, widow/Bernard, Respondents. BETHENERGY MINES, INC., Petitioner No. 93-3429, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor and William LeJuene, Respondents. BETHENERGY MINES, INC., Petitioner No. 93-3430, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor and Thomas Grassa, Respondents. BARNES AND TUCKER COMPANY, Petitioner No. 93-3431, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor and George Lubert, Respondents. BETHENERGY MINES INC., Petitioner No. 93-3432, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor and Mary Bohachick, widow/Samuel, Respondents. BETHENERGY MINES, INC., Petitioner No. 93-3463, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor and Industry; Patricia J. Doty, (o/b/o James Levanoff Deceased), Respondents.

United States Court of Appeals, Third Circuit.

Decided August 15, 1994.

Attorney(s) appearing for the Case

John J. Bagnato (argued), Spence, Custer, Saylor, Wolfe & Rose, Johnstown, PA (Mari Ann Hathaway, Ceisler, Richman, Smith, Washington, PA, of Counsel), for petitioners.

Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Asst. Sol., Michael J. Denney, Counsel for Enforcement, Deborah E. Mayer (argued), U.S. Dept. of Labor, Washington, DC, for the Director, Office of Workers' Compensation Programs.

Before: SLOVITER, Chief Judge, HUTCHINSON, Circuit Judge, and DIAMOND, District Judge.

OPINION OF THE COURT

SLOVITER, Chief Judge.

The issue presented by this appeal is a jurisdictional one pending as well in three other courts of appeals1 — whether the administrative bodies that adjudicate black lung claims or the district courts have jurisdiction to resolve disputes regarding interest assessed against coal mine Operators on reimbursements to the Black Lung...

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