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USERY v. TURNER ELKHORN MINING CO.

No. 74-1302.

428 U.S. 1 (1976)

USERY, SECRETARY OF LABOR, ET AL. v. TURNER ELKHORN MINING CO. ET AL.

Supreme Court of United States.

Decided July 1, 1976.

Attorney(s) appearing for the Case

Deputy Solicitor General Wallace argued the cause for appellants in No. 74-1302 and for appellees in No. 74-1316. With him on the brief were Solicitor General Bork, Assistant Attorney General Lee, Ronald R. Glancz, and Laurie Streeter.

R. R. McMahan argued the cause for appellees in No. 74-1302 and for appellants in No. 74-1316. With him on the briefs was James M. Graves.†

Guy Farmer and William A. Gershuny filed a brief for the Bituminous Coal Operators' Assn., Inc., as amicus curiae.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Twenty-two coal mine operators (Operators) brought this suit to test the constitutionality of certain aspects of Title IV of the Federal Coal Mine Health and Safety Act of 1969, 83 Stat. 792, as amended by the Black Lung Benefits Act of 1972, 86 Stat. 150, 30 U. S. C. § 901 et seq. (1970 ed. and Supp. IV). The Operators, potentially liable under the amended Act to compensate certain miners, former...

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