Marshall v. Barnes & Tucker Co.

OPINION

JOHN L. MILLER, District Judge.

In September of 1973 Boyd A. Shaffer filed a claim for Black Lung benefits pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. (Supp. V, 1975) (Coal Act). Because Barnes and Tucker Company (Company) controverted its liability for paying said benefits an administrative hearing was held on January 9, 1975 at which time the parties to this action were present with counsel along with Shaffer and his counsel. We need not go into the facts adduced at that hearing. Suffice it to say that the Hearing…