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UNITED STATES v. CONSOLIDATION COAL COMPANY

Nos. 73-2086, 73-2085.

504 F.2d 1330 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. CONSOLIDATION COAL COMPANY, a corporation, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Donald M. KIDD, Jr., an Individual, Defendant-Appellant,

United States Court of Appeals, Sixth Circuit.

Decided October 23, 1974.

Attorney(s) appearing for the Case

William J. Melvin, Fontana, Ward, Kaps & Perry, Richard C. Addison, Columbus, Ohio, Roger Curran, H. Yale Gutnick, Edwin J. Strassburger, Rose, Schmidt & Dixon, Pittsburgh, Pa., William M. Downer, Weinman, Downer, Quinn, Adulewicz & Kerr, Steubenville, Ohio, for defendants-appellants.

William W. Milligan, U. S. Atty., James Rattan, Asst. U. S. Atty., Columbus, Ohio, John L. Murphy, Chief, Government Regulations Section, Crim. Div., Dept. of Justice, DeWitt R. Dent, B. Franklin Taylor, Jr., Richard I. Chaifetz, Washington, D. C., for plaintiff-appellee.

Before WEICK and LIVELY, Circuit Judges and CECIL, Senior Circuit Judge.

CECIL, Senior Circuit Judge.

The Appellants, Consolidation Coal Company and Donald M. Kidd, were jointly tried and convicted by a jury in the United States District Court for the Southern District of Ohio, Eastern Division, under a four count information charging them with having violated two of the Interim Mandatory Safety Standards contained in Sec. 862(a), Title 30, U.S.C. The appellants were prosecuted under the penal provisions of Sec. 819(b) and (c) of Title...

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