LANE HOLLOW COAL v. DIR., OWCP, U.S. DEPT. OF LABOR

No. 96-2819.

137 F.3d 799 (1998)

LANE HOLLOW COAL COMPANY; Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Pauline Lockhart, Widow of Woodrow Lockhart, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1998.


Attorney(s) appearing for the Case

ARGUED: Mark Elliott Solomons, Arter & Hadden, Washington, DC, for Petitioners. Lawrence Lee Moise, III, Vinyard & Moise, P.C., Abingdon, VA, for Respondent Lockhart; J. Matthew McCracken, Office of the Solicitor, United States Department of Labor, Washington, DC, for Respondent Director. ON BRIEF: Laura Metcoff Klaus, Arter & Hadden, Washington, DC, for Petitioners. J. Davitt McAteer, Acting Solicitor of Labor, Donald S. Shire, Associate Solicitor for Black Lung Benefits, Christian P. Barber, Counsel for Appellate Litigation, United States Department Of Labor, Washington, DC, for Respondent Director.

Before WILKINSON, Chief Judge, MICHAEL, Circuit Judge, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.


Affirmed in part and vacated in part by published opinion. Judge MICHAEL wrote the opinion, in which Chief Judge WILKINSON and Senior Judge MICHAEL joined.

OPINION

MICHAEL, Circuit Judge:

Lane Hollow Coal Company and its insurer petition for review of an order of the Department of Labor's Benefits Review Board (BRB) in a case arising under the Black Lung Benefits Act (the Act).1 This order affirmed the decision of an...

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