No. 75-1139.

536 F.2d 398 (1976)

ZEIGLER COAL COMPANY, Petitioner, v. Thomas S. KLEPPE, Secretary, Department of the Interior, Respondent, United Mines Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 1976.

Attorney(s) appearing for the Case

J. Halbert Woods, Chicago, Ill., for petitioner.

Allen H. Sachsel, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, for respondent. Rex E. Lee, Asst. Atty. Gen. and Ronald R. Glancz, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., were on the brief for respondent. Stephen F. Eilperin, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent.

Steven B. Jacobson, Washington, D.C., with whom Joseph A. Yablonski, was on the brief for intervenor.

Guy Farmer and William A. Gershuny, Washington, D.C., filed a brief on behalf of Bituminous Coal Operators' Ass'n, as amicus curiae, urging reversal.

Before BAZELON, Chief Judge, WILKEY, Circuit Judge and MERHIGE, United States District Judge for the Eastern District of Virginia.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Petitioner is the operator of the Zeigler No. 9 Mine near Madisonville, Kentucky. The purely legal issues swirl about the enforceability of the mine's ventilation plan, which was adopted by the operator after approval and subject to periodic review by the respondent Secretary pursuant to the Federal Coal Mine Health and Safety Act.1 This appeal of a mine...


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