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TURNER ELKHORN MINING CO. v. BRENNAN

Civ. A. No. 1761.

385 F.Supp. 424 (1974)

TURNER ELKHORN MINING CO., a Ky. Corporation, et al., Plaintiffs, v. Peter J. BRENNAN, Secretary of the United States Department of Labor, an Agency of the Federal Government, and Caspar W. Weinberger, Secretary of the United States Department of Health, Education and Welfare, an Agency of the Federal Government, Defendants.

United States District Court, E. D. Kentucky, Pikeville Division.

November 19, 1974.

Attorney(s) appearing for the Case

Lord, Bissell & Brook, by Steven A. Milwid and R. R. McMahan, Chicago, Ill., Boehl, Stopher, Graves & Deindoerfer, by James M. Graves, Louisville, Ky., for plaintiffs.

William J. Kilberg, Solicitor of Labor; James G. Johnson, Associate Sol., Marble Solomons and Frank A. White, Dept. of Labor, Washington, D. C., Eugene E. Siler, Jr., U. S. Atty., E. D. Ky., Lexington, Ky., Harland F. Leathers and David Orlikoff, Attys., Department of Justice, Washington, D. C., for defendants.

Before LIVELY, Circuit Judge, and MOYNAHAN and HERMANSDORFER, District Judges.

MEMORANDUM OPINION

HERMANSDORFER, District Judge.

This action constitutes a facial attack upon the constitutionality of portions of Subchapter IV, Black Lung Benefits, of the Federal Coal Mine Health and Safety Act of 1969, Pub.L. 91-173, Dec. 30, 1969, 83 Stat. 792, as amended by the Black Lung Benefits Act of 1972, Pub.L. 92-303, May 19, 1972, 86 Stat. 150, 30 U.S.C. § 901 et seq. Plaintiffs are twenty...

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