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RUSHTON MINING COMPANY v. MORTON

Nos. 74-1703, 74-1704.

520 F.2d 716 (1975)

RUSHTON MINING COMPANY, Petitioner, v. Rogers C. B. MORTON, Secretary of the Interior, Respondent, United Mine Workers of America, District No. 2, Local Union 1520, Intervenor.

United States Court of Appeals, Third Circuit.

Decided June 30, 1975.

Attorney(s) appearing for the Case

Richard M. Sharp, and John R. Carfley, Sharp & Carfley, Philipsburg, Pa., for petitioner.

Carla A. Hills, Asst. Atty. Gen., Robert E. Kopp and Michael Kimmel, Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for respondent.

Joseph A. Yablonski and Steven B. Jacobson, Washington, D. C., Lloyd F. Engle, Jr., and Melvin P. Stein, Pittsburgh, Pa., for intervenor.

Guy Farmer and William A. Gershuny, Patterson, Belknap, Farmer & Shibley, Washington, D. C., for Bituminous Coal Operators Ass'n, Inc., amicus curiae.

Before VAN DUSEN, ADAMS and GARTH, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Having exhausted its administrative remedies, the Rushton Mining Company petitions this court, pursuant to 30 U.S.C.A. § 816(a) (1971),1 to set aside two decisions of the Interior Board of Mine Operations Appeals, dated June 20 and June 27, 1974. In both decisions the Board determined that miners idled by § 814(b) withdrawal orders...

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