HARRIET PAULEY, SURVIVOR OF JOHN C. PAULEY, PETITIONER V.
BETHENERGY MINES, INC., AND DIRECTOR, OFFICE OF WORKERS' COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR

   No. 89-1714

   In The Supreme Court Of The United States

   October Term, 1990

   On Petition For A Writ Of Certiorari To The United States Court Of
Appeals For The Third Circuit

   Supplemental Brief For The Federal Respondent

   In the government's response to the petition for a writ of
certiorari, we noted (see pp. 3-4 n.1 & p. 9) that petitioner Harriet
Pauley had not been substituted as the claimant, and that the
Director, Office of Workers' Compensation Programs, had requested that
the Benefits Review Board, where this case is pending on remand from
the Third Circuit, substitute Harriet Pauley as a party nunc pro tunc.
 On August 14, 1990, the Benefits Review Board granted that motion.  A
copy of the Director's motion and a copy of the Benefits Review
Board's order are appended.

   Respectfully submitted.

   KENNETH W. STARR

      Solicitor General

   AUGUST 1990

   APPENDIX