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UNITED MINE WORKERS OF AMERICA v. ANDRUS

No. 76-1208.

581 F.2d 888 (1978)

UNITED MINE WORKERS OF AMERICA, Petitioner, v. Cecil D. ANDRUS, Secretary of the Interior, Respondent, Carbon Fuel Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 9, 1978.

Rehearing Denied May 31, 1978.

Certiorari Denied October 30, 1978.

Attorney(s) appearing for the Case

Steven B. Jacobson, Washington, D. C., with whom Harrison Combs, Washington, D. C., was on the brief, for petitioner.

Edwin E. Huddleson, III, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen. and William Kanter, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

Charles Q. Gage, Charleston, W. Va., for intervenor.

Before McGOWAN, ROBINSON and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

Certiorari Denied October 30, 1978. See 99 S.Ct. 313.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Once again1 we are confronted by a controversy generated by ambiguity in the Federal Coal Mine Health and Safety Act of 1969.2 The issue on this occasion is whether a mine operator...

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