Legal Opinion

United Mine Workers of America v. Thomas S. Kleppe, Secretary of the Interior, and Inland Steel Company, Intervenor-Respondent

Court of Appeals for the Seventh Circuit

Decided September 13, 1977No. 76-1377PublishedCited by 8 opinions

1Opinion of the Court

BAUER, Circuit Judge.

Petitioner seeks review of an order of the Board of Mine Operations Appeals affirming an administrative law judge’s dismissal of a claim for compensation brought under Section 110(a) of the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 820(a), because of petitioner’s failure to file the claim within the 45-day period prescribed by a Department of Interior regulation, 43 C.F.R. § 4.561. Petitioner argues (1) that the agency should have looked to the relevant state statute of limitations rather than to its own regulation to determine if the claim had been timely…

2Cases cited14 opinions

  1. Hanna v. PlumerSupreme Court of the United States · 1965
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  5. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973

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3Cited by8 opinions

  1. Nagahi v. Immigration & Naturalization ServiceCourt of Appeals for the Tenth Circuit · 2000
  2. David L. KIRK, Plaintiff-Appellant, v. ROCKWELL INTERNATIONAL CORPORATION, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1978
  3. Judd B. Hirschberg v. Commodity Futures Trading CommissionCourt of Appeals for the Seventh Circuit · 2005
  4. Topaz Beryllium Co. v. United StatesDistrict Court, D. Utah · 1979
  5. John P. Kavanaugh, Jr. v. Virginia Birth-Related Neurological Injury Compensation ProgramCourt of Appeals of Virginia · 2012

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