United States Fourth Circuit

Plaintiff's petition for review of an award of benefits to a former employee is dismissed where the petition for review was not filed in a timely manner and must be dismissed for lack of jurisdiction.

Appellate Information

• Decided 12/16/2004
• Published 12/16/2004

Judges

• Before LUTTIG, KING, and DUNCAN, Circuit Judges.

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, Black Lung Division, 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 Respondent Director.