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EASTERN ASSOC. COAL CORP. v. INTERIOR BD. OF MINE OP. APP.

No. 73-1859.

491 F.2d 277 (1974)

EASTERN ASSOCIATED COAL CORP., Petitioner, v. INTERIOR BOARD OF MINE OPERATIONS APPEALS et al., Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1974.

Attorney(s) appearing for the Case

R. Kenneth Wheeler, Richmond, Va. (Joseph C. Kearfott, Hunton, Williams, Gay & Gibson, Richmond, Va., Thomas E. Boettger, Associate Counsel, Eastern Associated Coal Corp., Pittsburgh, Pa., on brief), for petitioner.

Judith S. Feigin, Atty., U. S. Dept. of Justice, and J. Philip Smith, Asst. Sol., Mine Health and Safety Div., U. S. Dept. of the Interior (Irving Jaffe, Acting Asst. Atty. Gen., Robert E. Kopp, Atty., U. S. Dept. of Justice, and Michael M. Hunter, Trial Atty., U. S. Dept. of the Interior, on brief), for respondents.

Before BRYAN, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

Eastern Associated Coal Corp. (Eastern) seeks review of an order of the Secretary of the Interior, acting by the Interior Board of Mine Operations Appeals, which, in turn, sustained an order of withdrawal to Eastern requiring Eastern to close a portion of one of its mines in Rachel, West Virginia, until certain allegedly unsafe conditions were corrected. The withdrawal order issued upon the determination by a federal mine safety inspector that the unsafe...

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