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YOUGHIOGHENY & OHIO COAL CO. v. MORTON

No. 72-78.

41 Ohio Misc. 6 (1973)

THE YOUGHIOGHENY AND OHIO COAL COMPANY v. MORTON ET AL.

United States District Court, Southern District of Ohio, Eastern Division.

Decided September 19, 1973.

Attorney(s) appearing for the Case

Mr. John C. Kinder, for plaintiff.

Mr. Peter Berkfield, Dept. of Justice, and Mr. L. Avrum Fingerett, Division of Mine Health, Dept. of the Interior, for defendants.

Before JOHN W. PECK, Judge, United States Court of Appeals for the Sixth Circuit; JOSEPH P. KINNEARY, Chief Judge, United States District Court; and CARL B. RUBIN, Judge, United States District Court.

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...

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