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KARST ROBBINS COAL COMPANY v. DIRECTOR, OWCP

No. 19-3836.

969 F.3d 316 (2020)

KARST ROBBINS COAL COMPANY; Bituminous Casualty Corporation, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Marlin D. Rice, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 7, 2020.

Attorney(s) appearing for the Case

ARGUED: Mark E. Solomons , GREENBERG TRAURIG, LLP, Washington, D.C., for Petitioners. Cynthia Liao , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. Timothy C. MacDonnell , WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW, Lexington, Virginia, for Respondent Marlin Rice. ON BRIEF: Mark E. Solomons , Laura Metcoff Klaus , GREENBERG TRAURIG, LLP, Washington, D.C., for Petitioners. Gary K. Stearman , Michelle Gerdano , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. Timothy C. MacDonnell , WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW, Lexington, Virginia, for Respondent Marlin Rice.

Before: MOORE, CLAY, and McKEAGUE, Circuit Judges.

OPINION

Bituminous Casualty Corp., as the insurer for Karst Robbins Coal Co. ("KRCC"), seeks review of a decision by the Department of Labor's Benefits Review Board finding Bituminous responsible for paying a claim under the Black Lung Benefits Act ("BLBA"), 30 U.S.C. §§ 901-45. Bituminous argues that the...

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