No. 97-5075.

131 F.3d 1037 (1997)

UNITED STATES of America, on Behalf of its agency, the DEPARTMENT OF LABOR, Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1997.

Attorney(s) appearing for the Case

Richard A. Bunn argued the cause and filed the briefs for appellant.

John G. Interrante, Attorney, United States Department of Justice, Washington, DC, argued the cause for appellee, with whom Frank W. Hunger, Assistant Attorney General, Mary Lou Leary, United States Attorney, and J. Christopher Kohn, Attorney, United States Department of Justice, were on the brief.

Before: WALD, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Kaiser Steel Corporation ("Kaiser"), a coal mine operator, obtained a number of indemnity bonds in order to fulfill its self-insurance responsibilities under the Black Lung Benefits Act ("the Act"), 30 U.S.C. § § 901-945 (1994), which imposes liability on mine operators for payment of benefits to miners who have developed pneumoconiosis ("black lung"). One of the bonds, issued...

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