JEWELL SMOKELESS COAL CORP. v. STREET

No. 93-2187.

42 F.3d 241 (1994)

JEWELL SMOKELESS COAL CORPORATION, Petitioner, v. Junior STREET; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1994.


Attorney(s) appearing for the Case

ARGUED: Ronald Eugene Gilbertson, Kilcullen, Wilson & Kilcullen, Chartered, Washington, DC, for petitioner. Bobby S. Belcher, Jr., Wolfe & Farmer, Norton, VA, for respondent Street; Rita A. Roppolo, U.S. Dept. of Labor, Washington, DC, for respondent Director. ON BRIEF: Vernon M. Williams, Wolfe & Farmer, Norton, VA, for respondent Street; Thomas S. Williamson, Jr., Solicitor of Labor, Donald S. Shire, Associate Solicitor, Patricia M. Nece, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, DC, for respondent Director.

Before MICHAEL, Circuit Judge, BUTZNER, Senior Circuit Judge, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed in part, vacated in part, and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge MICHAEL and Judge DOUMAR joined.

OPINION

BUTZNER, Senior Circuit Judge:

The principal issue in this petition for review is whether a former miner is entitled to compensation under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45, if he proves total disability caused by pneumoconiosis arising out of coal mining employment...

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