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JAMES v. CALIFANO

No. 77-2264.

590 F.2d 573 (1979)

Dale E. JAMES, Jerry A. James, and Shirley A. James, by their mother and next friend Anna Virginia Toulson, Anna Virginia Toulson, Jeffrey D. James and William R. James, in their own rights, and on behalf of all others similarly situated, Appellants, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 19, 1979.

Attorney(s) appearing for the Case

Robert R. Rodecker, Charleston, W. Va., for appellants.

Robert M. Rader, Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Robert B. King, U. S. Atty., Charleston, W. Va., William B. Kanter, Dept. of Justice, Washington, D. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WIDENER and PHILLIPS, Circuit Judges.

BRYAN, Senior Circuit Judge:

Five acknowledged, illegitimate children of a deceased coal miner, along with their mother, dispute the constitutionality of the Federal Coal Mine Health and Safety Act of 1969, as amended in 1972, (the Act) 30 U.S.C. § 901 et seq. They contend that § 922(a)(3) of the Act violates the due process guarantees of the Fifth Amendment by frustrating the intent of Congress to provide for the dependents of miners, in that, it...

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