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MORTON v. DELTA MINING, INC.

Nos. 73-1752, 73-1753, 73-1848.

495 F.2d 38 (1974)

Rogers C. B. MORTON, Secretary of Interior, United States Dept. of Interior v. DELTA MINING, INC. Rogers C. B. MORTON, Secretary of the Interior, United States Department of the Interior v. G. M. W. COAL COMPANY, INC. Rogers C. B. MORTON, Secretary of Interior, United States Dept. of the Interior v. Edward MEARS et al. Appeal of UNITED STATES of America, in Nos. 73-1752-73-1753, 73-1848.

United States Court of Appeals, Third Circuit.

Decided March 20, 1974.

As Amended June 12, 1974.

Attorney(s) appearing for the Case

John L. Murphy, Chief, Government Regulations Section, Crim. Div., Richard I. Chaifetz, Atty., Dept. of Justice, Washington, D.C., for appellant; Richard L. Thornburgh, U.S. Atty., of counsel.

Frederick R. Blackwell, Washington, D.C., Franklyn E. Conflenti, Cauley, Birsic & Conflenti, Pittsburgh, Pa., for Delta Mining, Inc. and G. M. W. Coal Co., Inc.

Harold R. Schmidt, Rose, Schmidt & Dixon, Pittsburgh, Pa., John L. Kilcullen, Washington, D.C., for Edward Mears, and others.

Before ADAMS, HUNTER and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The question on this appeal is whether, under the Federal Coal Mine Health and Safety Act,1 the Secretary of Interior may assess civil penalties against mine operators without making and publishing factual findings. The district court, in which the Secretary sought enforcement of assessment orders against the defendant mining companies,2 held that the orders...

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