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UNITED STATES v. FINLEY COAL COMPANY

No. 72-2177.

493 F.2d 285 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. FINLEY COAL COMPANY, a partnership and Charles Finley, an Individual, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 13, 1974.

Attorney(s) appearing for the Case

Eugene E. Siler, Jr., U. S. Atty., Eldon L. Webb, Asst. U. S. Atty., Lexington, Ky., on brief, for plaintiff-appellant.

Bert T. Combs, Louisville, Ky., Edward F. Prichard, Jr., Frankfort, Ky., James S. Wilson, Pineville, Ky., on brief, for defendants-appellees.

Before McCREE, Circuit Judge, O'SULLIVAN, Senior Circuit Judge, and PRATT, District Judge.

McCREE, Circuit Judge.

This appeal requires us to determine whether the Secretary of Interior's failure to follow the formal rule-making provisions of 30 U.S.C. § 811 in promulgating regulations establishing certain mine safety standards precludes a prosecution for their violation. We hold that is does, and we affirm the order of the district court dismissing Count 7 of a pending twenty-four count indictment that charged defendants-appellees Finley Coal Company...

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