ISLAND CREEK COAL COMPANY, Petitioner,
v.
Melyndia BRYAN, Survivor of Bert F. Bryan; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.
Dorris E. Cunningham, Petitioner,
v.
Island Creek Coal Company; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: June 18, 2019.
Decided and Filed: September 11, 2019.
Attorney(s) appearing for the Case
ARGUED: Jeffrey R. Soukup , JACKSON KELLY, PLLC, Lexington, Kentucky, for Petitioner. Brent Yonts , LAW OFFICE OF YONTS, SHERMAN & DRISKILL, PSC, Greenville, Kentucky, for Respondent Bryan. Edward Waldman , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. ON BRIEF: Jeffrey R. Soukup , William S. Mattingly , JACKSON KELLY, PLLC, Lexington, Kentucky, for Petitioner. Brent Yonts , LAW OFFICE OF YONTS, SHERMAN & DRISKILL, PSC, Greenville, Kentucky, for Respondent Bryan. Edward Waldman , Rita A. Roppolo , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent.
ARGUED: Austin P. Vowels , VOWELS LAW PLC, Henderson, Kentucky, for Petitioner. Joseph D. Halbert , SHELTON, BRANHAM & HALBERT, PLLC, Lexington, Kentucky for Respondent Island Creek. Edward Waldman , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. ON BRIEF: Austin P. Vowels , VOWELS LAW PLC, Henderson, Kentucky, for Petitioner. Joseph D. Halbert , SHELTON, BRANHAM & HALBERT, PLLC, Lexington, Kentucky for Respondent Island Creek. Edward Waldman , Sean G. Bajkowski , Sarah M. Hurley , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent.
Before: McKEAGUE, THAPAR, and MURPHY, Circuit Judges.
OPINION
MURPHY, Circuit Judge.
It has long been said that the doctrine of administrative exhaustion "is as old as federal administrative law." Raoul Berger, Exhaustion of Administrative Remedies, 48 Yale L.J. 981, 981 (1939). But what is the doctrine's source? A federal statute? Federal common law? A brooding omnipresence in the...
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