Navistar, Inc. v. Terry Forester, et al

Filing

OPINION and JUDGMENT filed : The award of Black Lung Benefit Act benefits is VACATED, and the case is REMANDED to the Administrative Law Judge for further proceedings consistent with the opinion of this court. Decision for publication. Deborah L. Cook and Richard Allen Griffin, Circuit Judges; Walter H. Rice (AUTHORING), U.S. District Judge for the Southern District of Ohio, sitting by designation.

Case: 13-3994

Document: 47-1

Filed: 09/12/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Deborah S. Hunt
Clerk

Tel. [phone]
www.ca6.uscourts.gov

Filed: September 12, 2014
Mr. Sean Bajkowski
Mr. Jeffrey Steven Goldberg
U.S. Department of Labor
Office of the Solicitor
200 Constitution Avenue, N.W.
Room N-2117
Washington, DC 20210
Mr. H. Kent Hendrickson
Rice & Hendrickson
P.O.Box 980
Harlan, KY 40831
Ms. Rita Ann Roppolo
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210-0000
Mr. Stephen A. Sanders
Mr. Evan Barret Smith
Appalachian Citizens' Law Center
317 Main Street
Whitesburg, KY 41858
Re: Case No. 13-3994, Navistar, Inc. v. Terry Forester, et al
Originating Case No. : 12-0442 BLA
Dear Counsel,
The court today announced its decision in the above-styled case.
Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure.

Case: 13-3994

Document: 47-1

Filed: 09/12/2014

Yours very truly,
Deborah S. Hunt, Clerk

Cathryn Lovely
Deputy Clerk

Enclosures
Mandate to issue.

Page: 2