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BITUMINOUS COAL OPER. ASS'N v. SEC'Y OF INTERIOR

Nos. 76-1190, 76-1191.

547 F.2d 240 (1977)

BITUMINOUS COAL OPERATORS' ASSOCIATION, INC., and each of its member companies listed, Appellants, Association of Bituminous Contractors, Inc., Plaintiff-Intervenor, v. SECRETARY OF INTERIOR, et al., Appellees. BITUMINOUS COAL OPERATORS' ASSOCIATION, INC., and each of its member companies listed, Plaintiffs, Association of Bituminous Contractors, Inc., Appellant, v. SECRETARY OF INTERIOR, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 4, 1977.

Attorney(s) appearing for the Case

Guy Farmer, Washington, D. C. (William A. Gershuny, Farmer, Shibley, McGuinn & Flood, Washington, D. C.; William B. Poff, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., on brief), for appellant Bituminous Coal Operators' Association, Inc.

Francis T. Coleman and William H. Howe, Washington, D. C. (John R. Erickson, Counihan, Casey & Loomis, Washington, D. C., on brief), for appellant Association of Bituminous Contractors, Inc.

John M. Rogers, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C. (Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Paul R. Thomson, Jr., U. S. Atty., Roanoke, Va., Leonard Schaitman, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for appellee Secretary of the Interior.

Steven B. Jacobson, Washington, D. C. (Harrison Combs, Washington, D. C., on brief), for appellee United Mine Workers of America.

Before CRAVEN, BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

Both the Association of Bituminous Contractors, Inc., and the Bituminous Coal Operators' Association, Inc., appeal an order of the district court upholding the authority of the Secretary of the Interior to cite coal mining companies for violations of federal health and safety standards committed by construction companies that the mining companies employ. The Secretary seeks dismissal of the suit for lack of jurisdiction, or, alternatively,...

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