CF&I STEEL CORPORATION v. MORTON

No. 74-1390.

516 F.2d 868 (1975)

CF&I STEEL CORPORATION, Petitioner, v. Rogers C. B. MORTON, Secretary of the Interior, Respondent, and Local Union No. 9856, United Mine Workers of America, and International Union, United Mine Workers of America, Intervenors.

United States Court of Appeals, Tenth Circuit.

Decided May 19, 1975.

Rehearing Denied July 14, 1975.


Attorney(s) appearing for the Case

Thomas G. Brown, Denver, Colo. (John F. Welborn and Welborn, Dufford, Cook, & Brown, Denver, Colo., on the brief), for petitioner.

Michael Kimmel, Atty., Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., and Robert E. Kopp, Atty., Dept. of Justice, on the brief), for respondent.

Joseph A. Yablonski and Steven B. Jacobson, Washington, D. C., for intervenors.

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

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

This case concerns the Federal Coal Mine Health and Safety Act of 1969, and concerns the provisions of the Act requiring payment of short-term compensation to coal miners idled by a mine closure. 30 U.S.C. § 801 et seq. The Board of Mine Operations Appeals held that the miners in question were entitled to such compensation. CF&I Steel Corporation has now petitioned this court for review of the Board's order.

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