REPUBLIC STEEL v. INTERIOR BD. OF MINE OPERATIONS

No. 76-1041.

581 F.2d 868 (1978)

REPUBLIC STEEL CORPORATION, Petitioner, v. INTERIOR BOARD OF MINE OPERATIONS APPEALS, Respondent, United Mine Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 22, 1978.


Attorney(s) appearing for the Case

John A. Macleod, Washington, D. C., with whom Richard McMillan, Jr., and Dwight A. Johnson, Washington, D. C., were on the brief, for petitioner.

John M. Rogers, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellee. Robert E. Kopp and Frederic D. Cohen, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent.

Harrison Combs and Steven B. Jacobson, Washington, D. C., were on the brief, for intervenor.

Before BAZELON, Chief Judge, and LEVENTHAL and MacKINNON, Circuit Judges.


Opinion for the court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

On May 22, 1975, the District Court for the District of Columbia granted plaintiff's motion for declaratory relief in Association of Bituminous Contractors, Inc. v. Morton (C.A. No. 1058-74, unreported). In that case, an organization of coal mine construction companies sued to invalidate the construction of a section of the Federal...

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