Nowlin v. Eastern Associated Coal Corp.

ORDER

KEELEY, District Judge.

Before the Court is the motion to dismiss of defendant Eastern Associated Coal Corporation. For the reasons that follow, the Court DENIES the defendant’s motion.

I

FACTUAL BACKGROUND

On January 6, 1976, Malcolm Nowlin, a retired coal miner and former employee of defendant Eastern Associated Coal Corporation (“Eastern”), filed a claim for benefits under the Black Lung Benefits Act (the “BLBA”), 30 U.S.C. §§ 901-945. Mr. Nowlin was initially awarded benefits on May 1, 1980. Eastern appealed the award but, before the case was heard, Mr. Nowlin died on March 17, 1981.…