Joseph P. Connors v. Oglebay Norton Co., 848 F.2d 84 (6th Cir. 1988). · Go Syfert
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Joseph P. Connors v. Oglebay Norton Co., 848 F.2d 84 (6th Cir. 1988). Cases Citing This Book View Copy Cite
7 citation events (1 in the last 25 years) across 4 distinct courts.
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Terry Grimm v. Vortex Marine Construction
9th Cir. · 2019 · confidence medium
See, e.g., Connors v. Amax Coal Co., 858 F.2d 1226 , 1228–29 (7th Cir. 1988) (“[A] claimant . . . does not possess a compensation order making an award, that has become final—the ticket to admission to district court under section 921(d)—until that party obtains a final administrative determination resolving any dispute as to whether particular expenses are covered expenses.” (internal quotations omitted)); Connors v. Bethlehem Mines Corp., 862 F.2d 461, 463 (3d Cir. 1988) (requiring “the Secretary of Labor to make an initial determination of benefits before the district court has …
discussed Cited as authority (rule) Novo Nordisk A/S v. Becton Dickinson and Co.
S.D.N.Y. · 1998 · confidence medium
Corp., 848 F.2d 84, 38 (2d Cir.1988), Becton has submitted consumer survey evidence, as discussed below, that supplies “the causative link between the advertising and [Becton’s] potential lost sales.” See Coca-Cola Co. v. Tropicana Prods., Inc., 690 F.2d 312, 317 (2d Cir.1982).
discussed Cited as authority (rule) Ceres Gulf and Esis/ina v. Cleaster Cooper, Director, Office of Workers' Compensation Programs (u.s. Department of Labor), Intervenor-Appellant
5th Cir. · 1992 · confidence medium
Drivers’ Ass’n of Am., Inc. v. Skinner, 931 F.2d 582, 589 (9th Cir.1991); Connors v. Oglebay Norton Co., 848 F.2d 84, 85 (6th Cir.1988); Connors v. Tremont Mining Co., 835 F.2d 1028, 1029-30 (3d Cir.1987). 18 .
cited Cited "see" Howell v. Unit Coal Corp.
E.D. Ky. · 1991 · signal: see · confidence high
See Connors v. Oglebay Norton, 848 F.2d 84 (6th Cir.1988), citing Connors v. Tremont Mining Co., 835 F.2d 1028 (3rd Cir.1987).
Retrieving the full opinion text from the archive…
Joseph P. CONNORS, Et Al., Plaintiffs-Appellants,
v.
OGLEBAY NORTON COMPANY, Defendant-Appellee
87-3799.
Court of Appeals for the Sixth Circuit.
Jun 3, 1988.
848 F.2d 84
Paula L. Friedman, Baker & Hostetler, Cleveland, Ohio, Charles G. Starrs (argued), Associate Counsel, UMWA Health & Retirement Funds, Washington, D.C., Gerald E. Cole, Jr., Israel Goldowitz, for plaintiffs-appellants., John G. Paleudis (argued), Gerald P. Duff, Hanlon, Duff & Paleudis Co., St. Clairsville, Ohio, John J. Kirn, Asst. Sec. & Counsel, Oglebay Norton Co., Cleveland, Ohio, for defendant-appellee.
Lively, Merritt, Boggs.
Cited by 5 opinions  |  Published
PER CURIAM.

Trustees of the United Mine Workers of America 1950 Benefit Plan instituted this action in district court to recover medical expenses paid by the Plan on behalf of six miners, purported to be for conditions covered by the Black Lung Act as amended, 30 U.S.C. §§ 901-945. The complaint alleges that the defendant, Oglebay North Company, has been deemed the responsible operator for black lung purposes by the Department of Labor. The district court dismissed the action for lack of subject matter jurisdiction and the trustees appeal.

Upon consideration of the briefs and oral arguments of counsel together with the record on appeal, we conclude that the district court properly dismissed this action for lack of jurisdiction. If the expenses paid on behalf of the six miners are com-pensable under the Black Lung Act, the 1950 Benefit Plan must proceed through the administrative processes established by the Act for the adjudication of individual claims for medical expenses. The 1950 Benefit Plan cannot proceed directly in United States District Court under either 28 U.S.C. § 1331 or 30 U.S.C. § 921(d) to recover its payments to the miners under the Plan since it has never been determined administratively that the miners are entitled to any specific award.

We follow the decision of the Third Circuit in Connors v. Tremont Mining Co., 835 F.2d 1028 (1988).

The judgment of the district court is affirmed.