United States Sixth Circuit

Where weighing of all medical evidence supported a finding that a coal miner was totally disabled because of "black lung disease", award of benefits was proper under the Coal Mine Health and Safety Act; appellant corporation was not a "responsible operator" where evidence failed to show that its successor could not be held responsible.

Appellate Information

• Argued 01/23/2002
• Decided 04/24/2002
• Published 04/24/2002

Judges

• Before: JONES and COLE, Circuit Judges;  GWIN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Lois A. Kitts (argued and briefed), Baird & Baird, P.S.C., Pikeville, KY, for Petitioner.


• For Appellees:
  
• Stephen A. Sanders (argued and briefed), Appalachian Research & Defense Fund of Kentucky, Inc., Prestonburg, KY, Christian R. Barber (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, Mary Forrest-Doyle (argued), U.S. Department of Labor, Washington, DC, for Respondents.