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INTERN. UNION, UNITED MINE WORKERS, ETC. v. KLEPPE

No. 75-1003.

532 F.2d 1403 (1976)

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Petitioner, v. Thomas S. KLEPPE, Secretary of the Interior, Respondent, Bituminous Coal Operators Association, Inc. and Zeigler Coal Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 1976.

Rehearing Denied May 6, 1976.

Attorney(s) appearing for the Case

Steven B. Jacobson, Washington, D. C., with whom Joseph A. Yablonski and Harrison Combs, Washington, D. C., were on the brief for petitioner.

Michael Kimmel, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., and Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondent.

William A. Gershuny, Washington, D. C., with whom Guy Farmer, Washington, D. C., and J. Halbert Woods, Chicago, Ill., were on the brief for intervenors BOAC and Zeigler Coal Co.

L. Thomas Galloway and Joseph N. Onek, Washington, D. C., filed a brief on behalf of Council of the Southern Mountains, Inc., as amicus curiae.

Before WRIGHT, McGOWAN and TAMM, Circuit Judges. Opinion for the Court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Petitioner, United Mine Workers of America ("UMWA"), seeks review of an order of the Interior Department's Board of Mine Operations Appeals (Board), reversing an order of the Interior Department's Board of Mine Operations Appeals (Board), reversing an administrative law judge's determination that a federal mine inspector's withdrawal order had properly issued. Petitioner challenges the Board's interpretation of 30 U.S.C. § 814(c)(1) as it...

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