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ROSEDALE COAL CO. v. DIRECTOR OF U. S. BUREAU OF MINES

No. 7425.

247 F.2d 299 (1957)

ROSEDALE COAL COMPANY (Rosedale No. 8 Mine), Appellant, v. DIRECTOR OF The UNITED STATES BUREAU OF MINES, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 13, 1957.

Attorney(s) appearing for the Case

John K. Pickens, Washington, D. C. (Jerry N. Griffin, M. Joseph Stoutenburgh, and Dawson, Griffin, Pickens & Bird, Washington, D. C., on brief), for appellant.

Peter H. Schiff, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., and Melvin Richter, Atty., Dept. of Justice, Washington, D. C., on brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

SOBELOFF, Circuit Judge.

This appeal brings before us an order of the Federal Coal Mine Safety Board of Review which reviewed and sustained an order of a Federal Coal Mine Inspector classifying Rosedale Mine No. 8, at Maidsville, West Virginia, as a "gassy" mine. Under the provisions of Title II, The Federal Coal Mine Safety Act, 66 Stat. 692, 30 U.S.C.A. § 471 et seq., the effect of such an order is to require certain additional precautions, especially by way...

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