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PITTSTON COMPANY v. BOARD OF MINE OPERATIONS APPEALS

No. 71-2111.

460 F.2d 1189 (1972)

The PITTSTON COMPANY d/b/a Clinchfield Coal Company, Petitioner, v. BOARD OF MINE OPERATIONS APPEALS, Department of the Interior, and Rogers C. B. Morton, Secretary of the Interior, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 1972.

Attorney(s) appearing for the Case

Wesley C. Marsh (Robert P. Reineke, Dante, Va., on brief), for petitioner.

Michael Kimmel, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, and J. Philip Smith, Asst. Sol., Dept. of the Interior, on brief), for respondents.

Before BOREMAN, Senior Circuit Judge, and WINTER and FIELD, Circuit Judges.

PER CURIAM:

Petitioner, The Pittston Company, seeks review of a decision of the Board of Mine Operations Appeals which affirmed the decision of a Hearing Examiner denying petitioner's motion for the suppression of evidence. Jurisdiction for this review is based upon Section 106 of the Federal Coal Mine Health and Safety Act of 1969, 30 U. S.C. § 816.

On June 16, 1971, Pittston filed an application pursuant to Section 105(a) of the Act, 30 U.S.C. §...

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