DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner,
v.
NATIONAL MINES CORPORATION and Old Republic Insurance Company, Respondents.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner,
v.
ISLAND CREEK COAL COMPANY, Respondent.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner,
v.
Q AND G COAL COMPANY, INC. and Old Republic Companies, Respondents.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner,
v.
KESSLER COAL COMPANY, Respondent.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued November 10, 1976.
Decided April 5, 1977.
Rehearing Denied June 15, 1977.
Attorney(s) appearing for the Case
Frank A. White, Atty., U. S. Dept. of Labor, Washington, D.C. (William J. Kilberg, Sol. of Labor, Laurie M. Streeter, Associate Solicitor, Mark E. Solomons, Jean S. Cooper and Mary A. Sheehan, Attys., U. S. Dept. of Labor, Washington, D.C., on brief), for petitioner.
John L. Kilcullen, Washington, D.C. (Kilcullen, Smith & Heenan, Washington, D.C., on brief) for respondents National Mines Corp., Island Creek Co., Q & G Coal Co. and Old Republic Ins. Co.
Scott L. Messmore, Charleston, W. Va., (Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for respondent Kessler Coal Co.
Gail Falk, Charleston, W. Va., for United Mine Workers of America as amicus curiae urging reversal.
Before HAYNSWORTH, Chief Judge, and BUTZNER and WIDENER, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
BUTZNER, Circuit Judge.
These consolidated petitions for review deal with the procedure for adjudicating claims under the Black Lung Benefits Act of 1972.1 The principal issues are these: Is the Director, Office of Workers' Compensation Programs, Department of Labor, a proper party? We hold that he is. Secondly, do the 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act govern the procedures for adjudication of black...
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