WESTMORELAND COAL CO. v. STALLARD

Attorney(s) appearing for the Case

ARGUED: Fazal Afaque Shere , BOWLES RICE LLP, Charleston, West Virginia, for Petitioner. Barry H. Joyner , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Joseph E. Wolfe , WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondents. ON BRIEF: Paul E. Frampton , BOWLES RICE LLP, Charleston, West Virginia, for Petitioner. M. Patricia Smith , Solicitor of Labor, Maia S. Fisher , Acting Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, Rebecca J. Fiebig , Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.

Petition denied by published opinion. Judge Wynn wrote the opinion, in which Judges Keenan and Gibney joined.