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SOUTHERN OHIO COAL CO. v. MARSHALL

No. C-2-78-1041.

464 F.Supp. 450 (1978)

SOUTHERN OHIO COAL COMPANY, Plaintiff, v. F. Ray MARSHALL, Secretary of Labor, et al., Defendants.

United States District Court, S. D. Ohio, E. D.

November 6, 1978.

Attorney(s) appearing for the Case

Alvin J. McKenna and D. Michael Miller, Alexander, Ebinger, Holschuh, Fisher & McAlister, Columbus, Ohio, for plaintiff.

James C. Cissell, U. S. Atty., and Nathaniel H. Speights, Asst. U. S. Atty., S. D. Ohio, Columbus, Ohio, for defendants.

OPINION AND ORDER

KINNEARY, District Judge.

This is an action instituted under the provisions of the Federal Mine Safety Act of 1977, 30 U.S.C. § 801, et seq., and the Fifth Amendment to the United States Constitution. Plaintiff, the operator of underground coal mining facilities, seeks to enjoin the enforcement of an order of temporary reinstatement issued on September 12, 1978 by defendant Broderick, the Chief Administrative Law Judge of the Federal...

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