Franklin PHILLIPS, Petitioner,
v.
INTERIOR BOARD OF MINE OPERATIONS APPEALS, Respondent,
Bituminous Coal Operators' Association and Kentucky Carbon Corporation, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
June 20, 1974.
Rehearing Denied August 26, 1974.
Attorney(s) appearing for the Case
Joseph W. Justice, Pikeville, Ky., was on the brief for petitioner.
Irving Jaffe, Acting Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, Walter H. Fleischer, and Karen K. Siegel, Attys., Dept. of Justice, were on the brief for respondent.
Guy Farmer, Washington, D. C., was on the brief for intervenor, Bituminous Coal Operators' Assn. Lynn D. Poole, Washington, D. C., entered an appearance for intervenor.
Robert G. Kelly and Charles Q. Gage, Charleston, W. Va., were on the brief for intervenor, Kentucky Carbon Corp.
Before HASTIE, United States Senior Circuit Judge, and ROBB and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
WILKEY, Circuit Judge:
In this case the court is called upon to determine whether the discharge of coal miner Phillips, petitioner, was violative of the Federal Coal Mine Health and Safety Act of 19691 [hereinafter Safety Act]. We find that Phillips brought himself within the penumbra of the Safety Act by notifying his foreman of defective equipment creating dangerous working conditions. Such safety violations, followed by worker notification...
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