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CREEK COAL CO., INC. v. BATES

No. 96-3786.

134 F.3d 734 (1997)

CREEK COAL COMPANY, INC.; Old Republic Insurance Company, Petitioners, v. Ray BATES; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided December 31, 1997.

Attorney(s) appearing for the Case

Laura Metcoff Klaus (briefed), Mark E. Solomons (argued and briefed), Arter & Hadden, Washington, DC, for Petitioners.

Elizabeth Hopkins (argued and briefed), Allen H. Feldman and Edward D. Sieger (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Robert G. Miller (briefed), Perry, Preston & Miller, Paintsville, KY, for Respondent Bates.

Before: RYAN, SUHRHEINRICH, and COLE, Circuit Judges.

OPINION

COLE, Circuit Judge.

Petitioners Creek Coal Company, Inc. ("CCI") and Old Republic Insurance Company ("Old Republic") appeal an adverse decision by the Benefits Review Board of the United States Department of Labor ("the Board") granting Ray Bates' claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 931 et seq. They contend that the Board erred in finding that CCI was the responsible operator and that Old Republic, its insurance...

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