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MARSHALL v. DONOFRIO

Civ. A. No. 78-2667.

465 F.Supp. 838 (1978)

Ray MARSHALL, Secretary of Labor, United States Department of Labor v. Bobby DONOFRIO, Ronald Donton and Robert Rhen, Individually and D. D. & R. Coal Company, a co-partnership composed of Bobby Donofrio, Ronald Donton and Robert Rhen.

United States District Court, E. D. Pennsylvania.

November 16, 1978.

Attorney(s) appearing for the Case

Alexander Ewing, Jr., Asst. U. S. Atty., Philadelphia, Pa., Alan Yamamoto, Trial Atty., Arlington, Va., for plaintiff.

Warren Vogel, Thomas B. Rutter, Ltd., Philadelphia, Pa., for defendants.

OPINION AND ORDER

HUYETT, District Judge.

Plaintiff Secretary of Labor has brought this action pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 801-825. (Coal Mine Act). The Secretary seeks to enjoin the defendants from denying authorized agents of the Secretary of Labor access to their coal mine. On September 1, 1978, we conducted a hearing on the motion for a preliminary injunction, with all parties...

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