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LUCAS COAL CO. v. INTERIOR BD. OF MINE OPERATIONS APP.

No. 74-1813.

522 F.2d 581 (1975)

LUCAS COAL COMPANY et al., Petitioners, v. INTERIOR BOARD OF MINE OPERATIONS APPEALS et al., Respondents.

United States Court of Appeals, Third Circuit.

Decided August 29, 1975.

Attorney(s) appearing for the Case

Henry J. Wallace, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for petitioners; Leo M. Stepanian, Brydon & Stepanian, Butler, Pa., of counsel.

Carla A. Hills, Asst. Atty. Gen., William Kanter, Michael Kimmel, Attys., Dept. of Justice, Washington, D. C., for respondents.

Before ADAMS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Petitioners, pursuant to § 106(a) of the Federal Coal Mine Health and Safety Act of 1969,1 seek review of an order of the Secretary of the Interior acting through the Board of Mine Operations Appeals.2 Three principal issues are presented by this appeal.

First, whether the Secretary of the Interior, acting through the Board of Mine Operations...

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