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RELIABLE COAL CORPORATION v. MORTON

No. 72-1477.

478 F.2d 257 (1973)

RELIABLE COAL CORPORATION, Petitioner, v. Rogers C. B. MORTON, Secretary of the Interior and his delegate, and the Board of Mine Operations Appeals of the Department of the Interior, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Brooks E. Smith, Kingwood, W. Va. (Dailey & Smith, Kingwood, W. Va., on brief), for petitioner.

Michael Kimmel, Atty., U. S. Dept. of Justice, Civil Div. (Harlington Wood, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Atty., U. S. Dept. of Justice, Civil Div., J. Philip Smith, Asst. Sol., U. S. Dept. of Interior, on brief), for respondents.

Charles L. Widman, Atty., International Union, United Mine Workers of America (Edward L. Carey, and Willard P. Owens, Washington, D. C., on brief), for respondent, International Union, United Mine Workers of America.

Before BUTZNER, FIELD and WIDENER, Circuit Judges.

FIELD, Circuit Judge:

Reliable Coal Corporation seeks review of a decision of the Board of Mine Operations Appeals which affirmed the Hearing Examiner in denying Reliable's petitions to modify certain mandatory safety standards contained in Sections 303(d)(1) and 303(l) of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 863(d) (1) and 863(l). Additionally, petitioner complains of the Board's determination that review of the...

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