Legal Opinion · Dissent
Jesse Higgins v. Ray Marshall, Sec. Of Labor
Court of Appeals for the D.C. Circuit
Decided September 22, 1978No. 77-1829PublishedCited by 22 opinions
1DissentOpinion for the Court filed by Swy-Gert, Circuit Judge
SKELLY WRIGHT, Chief Judge.
*1036SWYGERT, Circuit Judge:
The issue in this appeal is one of statutory interpretation. Pursuant to section 203 of Title II of the Federal Coal Mines Health and Safety Act of 1969 (the 1969 Act), “[a]ny miner [who contracts pneumoconiosis and opts to transfer to a position in a less dusty area of the mine] shall receive compensation for such work at not less than the regular rate of pay received by him immediately prior to his transfer.” 30 U.S.C. § 843(b)(3) (emphasis added). What the “regular rate of pay” means is the question we must decide.
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During 1972 each of the…
2Cases cited5 opinions
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Boston Sand and Gravel Co. v. United StatesSupreme Court of the United States · 1928
- Banks v. Chicago Grain Trimmers Assn., Inc.Supreme Court of the United States · 1968
- Virginia J. March v. United States of America. Virginia J. March v. United StatesCourt of Appeals for the D.C. Circuit · 1974
- District 6, United Mine Workers of America v. United States Department of the Interior Board of Mine Operations AppealsCourt of Appeals for the D.C. Circuit · 1977
3Cited by22 opinions
- Photo Data, Inc. v. SawyerDistrict Court, District of Columbia · 1982
- Matala v. Consolidation Coal Co.Court of Appeals for the Fourth Circuit · 1981
- Flipside, Hoffman Estates, Inc. v. Village of Hoffman EstatesDistrict Court, N.D. Illinois · 1980
- A. G. Becker Inc. v. Board of Governors of the Federal Reserve SystemDistrict Court, District of Columbia · 1981
- General Motors Corp. v. RuckelshausCourt of Appeals for the D.C. Circuit · 1983
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