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DIRECTOR, OWCP v. TRACE FORK COAL CO.

No. 93-2379.

67 F.3d 503 (1995)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. TRACE FORK COAL COMPANY; Freelan Matney, Respondents. Consolidation Coal Company, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 17, 1995.

Attorney(s) appearing for the Case

ARGUED: Eileen Mary McCarthy, United States Department of Labor, Washington, D.C., for Petitioner. John Headley Shott, Sr., Bluefield, West Virginia, for Respondent. William Steele Mattingly, Jackson & Kelly, Morgantown, West Virginia, for Amicus Curiae. ON BRIEF: Thomas S. Williamson, Jr., Solicitor of Labor, Donald S. Shire, Associate Solicitor, Patricia M. Nece, Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for Petitioner. Douglas A. Smoot, Jackson & Kelly, Morgantown, West Virginia, for Amicus Curiae.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

Petition for review denied by published opinion. Judge Widener wrote the opinion, in which Judge Russell joined. Judge Hall wrote a separate opinion concurring in part and dissenting in part.

OPINION

WIDENER, Circuit Judge:

This case involves a dispute between Trace Fork Coal Company and the Director of the Office of Workers' Compensation Programs over responsibility for the payment of black lung benefits on behalf of Freelan Matney. The Director...

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