WESTMORELAND COAL CO., INC. v. COCHRAN

Attorney(s) appearing for the Case

ARGUED: Thomas Michael Hancock , Bowles Rice, LLP, Charleston, West Virginia, for Petitioner. Ryan Christopher Gilligan , Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia; Jeffrey Steven Goldberg , United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Paul E. Frampton , Bowles Rice, LLP, Charleston, West Virginia, for Petitioner. Joseph E. Wolfe , Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, for Respondent Jarrell D. Cochran. M. Patricia Smith , Solicitor of Labor, Rae Ellen Frank James , Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for Federal Respondents.

Petition for review denied by published opinion. Judge WYNN wrote the majority opinion, in which Judge MOTZ joined. Chief Judge TRAXLER wrote a dissenting opinion.