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YOUGHIOGHENY AND OHIO COAL COMPANY v. MORTON

Civ. No. 72-78.

364 F.Supp. 45 (1973)

The YOUGHIOGHENY AND OHIO COAL COMPANY, Plaintiff, v. Rogers C. B. MORTON, Secretary of the Interior, et al., Defendants.

United States District Court, S. D. Ohio, E. D.

September 19, 1973.

Attorney(s) appearing for the Case

John C. Kinder, St. Clairsville, Ohio, for plaintiff.

Peter Berkfield, Dept. of Justice, L. Avrum Fingerett, Div. of Mine Health, Dept. of the Interior, Washington, D. C., for defendants.

Before PECK, Circuit Judge, and KINNEARY and RUBIN, District Judges.

OPINION

CARL B. RUBIN, District Judge.

This matter is before the Court on a motion for interlocutory injunction against the enforcement of those parts of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 801 et seq., [hereinafter the Act] which direct and require the Secretary of the Interior and his authorized representatives to make warrantless searches of coal mines. See 30 U.S.C. §§ 813(a), (b)(1), 814(b), (c)(1), 819(a...

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