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ZEIGLER COAL CO. v. KERR

Nos. 00-1196 & 00-1366.

240 F.3d 572 (2001)

ZEIGLER COAL COMPANY, Petitioner, Cross-Respondent, v. T. Michael KERR, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent, Cross-Respondent, and Edward Griskell, Respondent, Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 2000.

Published February 14, 2001.

Attorney(s) appearing for the Case

Mark E. Solomons (submitted), Arter & Hadden, Washington, DC, for Zeigler Coal Co.

Jennifer U. Toth (submitted), Department of Labor, Washington, DC, Richard J. Fiore, Department of Labor, Chicago, IL, for T. Michael Kerr.

Daryl M. Schumacher (submitted), Ungaretti & Harris, Chicago, IL, for Edward Giskell.

Donald S. Shire (submitted), Christian P. Barber, Department of Labor, Office of the Solicitor, Washington, DC, for Party-In-Interest Benefits Review Board.

Before BAUER, RIPPLE and WILLIAMS, Circuit Judges.

PER CURIAM.

The court, on its own motion, consolidates these two appeals for disposition.

Two cross-appeals (more appropriately cross-petitions for review) challenge the legal fees that the Benefits Review Board awarded in a black lung benefits case; Zeigler Coal thinks that the award is too high, and Griskell (the claimant) thinks it is too low. The Director of the Office of Workers' Compensation Programs filed motions to dismiss both petitions for review...

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