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ST. MARYS SEWER P. CO. v. DIRECTOR OF U. S. BUREAU OF MINES

No. 12591.

262 F.2d 378 (1959)

ST. MARYS SEWER PIPE COMPANY (North Point Mine), Appellant, v. DIRECTOR OF THE UNITED STATES BUREAU OF MINES.

United States Court of Appeals Third Circuit.

Decided January 16, 1959.

Attorney(s) appearing for the Case

Ernest R. vonStarck, Philadelphia, Pa. (T. G. Gregory, B. R. Coppolo, St. Marys, Pa., Ed D. Schorr, Columbus, Ohio, Arthur Littleton, J. Wesley Oler, Robert H. Young and Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellant.

Lionel Kestenbaum, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

STALEY, Circuit Judge.

This appeal brings before us an order of the Federal Coal Mine Safety Board of Review (Board) which reviewed and sustained1 an order of a Federal coal mine inspector classifying the North Point Mine of Dora, Pennsylvania, owned and operated by appellant, as a "gassy mine." The effect of such an order pursuant to the provisions of Title II, the Federal Coal Mine Safety Act, 66 Stat. 692, 30 U.S.C.A. § 471 et...

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