Kinder v. Coleman & Yates Coal Co.

OPINION

JONES, District Judge.

The defendants, a coal company and its insurer, have moved to dismiss this action to enforce an administrative penalty awarded against the company due to its late payment of black lung benefits. The defendants contend that enforcement is barred by the relevant limitations periods, and, alternatively, that the intervening plaintiff lacks standing. The plaintiff, a former employee, and the intervening plaintiff, a government official who administers black lung claims, contend either that no limitations period applies, or that the action is timely under the relevant…