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FREEMAN COAL MINING CO. v. INTERIOR BD. OF MINE OP. APP.

No. 73-1909.

504 F.2d 741 (1974)

FREEMAN COAL MINING COMPANY, a Division of Material Service Corporation, Petitioner, v. INTERIOR BOARD OF MINE OPERATIONS APPEALS et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 1974.

Attorney(s) appearing for the Case

Harry M. Coven, Chicago, Ill., for petitioner.

J. Philip Smith, Asst. Sol., U. S. Dept. of the Interior, Washington, D. C., Morton Hollander and Michael Kimmel, (argued) Dept. of Justice, App. Section (Civ.Div.), Washington, D. C., for respondents.

Before PELL, STEVENS and SPRECHER, Circuit Judges.

PELL, Circuit Judge.

The petitioner Freeman Coal Mining Company (Freeman) brought this action seeking review of a decision of the Secretary of the Interior, acting by the Interior Board of Mine Operations Appeals (the Board). In its decision, the Board upheld the validity of an order requiring the withdrawal of all persons from one of the petitioner's coal mines until an allegedly unsafe condition was abated.1 The withdrawal order was...

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