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DIST. 6, UNITED MINE WKRS. v. U. S. DEPT. OF INT. BD., ETC.

No. 75-1704.

562 F.2d 1260 (1977)

DISTRICT 6, UNITED MINE WORKERS OF AMERICA et al., Petitioners, v. UNITED STATES DEPARTMENT OF the INTERIOR BOARD OF MINE OPERATIONS APPEALS, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 1977.

Rehearing Denied September 7, 1977.

As Amended October 14, 1977.

Attorney(s) appearing for the Case

Michael Kimmel, Atty., Dept. of Justice, Washington, D. C., for respondent. Rex E. Lee, Asst. Atty. Gen., Robert E. Kopp and Karen K. Siegel, Attys., 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., was on the brief for intervenor.

Charles E. DeBord, II, for petitioners. John W. Cooper and Steven B. Jacobson, Washington, D. C., were on the brief for petitioners.

Before LEVENTHAL, MacKINNON and ROBB, Circuit Judges.

Opinion for the court filed by Circuit Judge MacKINNON.

Concurring opinion filed by LEVENTHAL, Circuit Judge.

MacKINNON, Circuit Judge:

On July 19, 1974, the roof fell in on a portion of the Meigs No. 2 Mine of the Southern Ohio Coal Company, near Athens, Ohio. A miner was killed. A federal coal mine inspector at once ordered all miners to evacuate that portion of the mine because of "imminent danger." The...

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