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MUNSEY v. MORTON

No. 72-2095.

507 F.2d 1202 (1974)

Glen MUNSEY et al., Petitioners, v. Rogers C. B. MORTON, Secretary of the Interior, and the Board of Mine Operations Appeals of the Department of Interior, Respondents, Bituminous Coal Operators Association, Amicus Curiae.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1974.

Attorney(s) appearing for the Case

Steven B. Jacobson, Washington, D. C., for petitioners. Charles L. Widman, Washington, D. C., was on the brief for petitioners. Edward L. Carey, Willard P. Owens and J. Davitt McAteer, Washington, D. C., also entered appearances for petitioners.

Judith S. Feigin, Atty., Dept. of Justice, with whom Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, and Walter H. Fleischer, Atty., Dept. of Justice, were on the brief for respondent. Thomas G. Wilson, Atty., Dept. of Justice, also entered an appearance for respondent.

Guy Farmer, Washington, D. C., filed a brief on behalf of Bituminous Coal Operators' Assn. as amicus curiae.

Before WRIGHT, ROBINSON and MacKINNON, Circuit Judges.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Before us is a petition for review of a decision of the Board of Mine Operations Appeals of the Department of the Interior holding that a mine operator's termination of the employment of three miners did not contravene the Federal Coal Mine Health and Safety Act of 1969.1 The specific complaint which petitioners advanced, and which the Board rejected, was that the operator, in terminating the...

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