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ARMCO, INC. v. MARTIN

No. 01-1278.

277 F.3d 468 (2002)

ARMCO, INCORPORATED, Petitioner, v. James C. MARTIN; Chafe Mining Company, Incorporated; Charles Lieberman; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 2002.

Attorney(s) appearing for the Case

ARGUED: Douglas Allan Smoot, JACKSON & KELLY, P.L.L.C., Morgantown, West Virginia, for Petitioner.

Sarah Marie Hurley, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

ON BRIEF: Kathy L. Snyder, JACKSON & KELLY, P.L.L.C., Morgantown, West Virginia, for Petitioner.

Donald S. Shire, Associate Solicitor, Christian P. Barber, Counsel for Appellate Litigation, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

Before: NIEMEYER and LUTTIG, Circuit Judges, and FRANK J. MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Petition for review denied and Board affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MAGILL joined. Judge LUTTIG wrote an opinion concurring in the judgment.

OPINION

NIEMEYER, Circuit Judge.

On James Martin's application for black lung benefits, filed in 1989, the Benefits Review Board ordered the payment of benefits and found Armco, Inc. to be the responsible coal mine operator, even though Martin was employed by...

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