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MULLINS COAL CO. v. DIRECTOR, OWCP

No. 86-327.

484 U.S. 135 (1987)

108 S.Ct. 427

98 L.Ed.2d 450

MULLINS COAL CO., INC. OF VIRGINIA, ET AL. v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, ET AL.

Supreme Court of United States.

Decided December 14, 1987

Attorney(s) appearing for the Case

Mark E. Solomons argued the cause for petitioners. With him on the brief was John D. Maddox. Michael K. Kellogg argued the cause and filed briefs for the federal respondent in support of petitioners. On the briefs were Solicitor General Fried, Deputy Solicitor General Ayer, Richard G. Taranto, George R. Salem, Allen H. Feldman, and Barbara J. Johnson. David Allen Barnette filed a brief for Westmoreland Coal Co., respondent under this Court's Rule 19.6, in support of petitioners.

C. Randall Lowe argued the cause for respondents and filed a brief for respondent Ray. S. Strother Smith III filed a brief for respondent Stapleton.*

JUSTICE STEVENS delivered the opinion of the Court.

In 1978 the Secretary of Labor promulgated "interim regulations" to govern the processing of claims for black lung benefits filed between July 1, 1973, and April 1, 1980. See 20 CFR pt. 727 (1987). Section 203 of those regulations prescribes five ways in which a claimant may prove that he is entitled to an "interim presumption" of eligibility. The question in this case concerns...

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