United States Fourth Circuit

Defendant coal mine's appeal of a benefits review board decision granting plaintiff benefits based on his showing that he was disabled due to his suffering from pneumoconiosis was meritless.

Appellate Information

• Decided 06/24/2004
• Published 06/24/2004

Judges

• Before WIDENER and DUNCAN, Circuit Judges, and William D. QUARLES, Jr., United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Mark Elliott Solomons, Greenberg Traurig, L.L.P., Washington, D.C., for Petitioners.  Gary K. Stearman, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Laura Metcoff Klaus, Greenberg Traurig, L.L.P., Washington, D.C., for Petitioners.  Howard M. Radzely, Acting Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel I. Spiller, Deputy Associate Solicitor, United States Department of Labor, Washington, D.C., for Federal Respondent.  Susan D. Oglebay, Castlewood, Virginia, for Respondent McCoy.