MARSHALL v. KILGORE

No. CIV-1-78-160.

478 F.Supp. 4 (1979)

Ray MARSHALL, Secretary of Labor, U. S. Department of Labor v. Wade KILGORE, t/d/b/a Wade Kilgore Coal Company, No. 4 Mine.

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

July 16, 1979.


Attorney(s) appearing for the Case

John C. Cook, Asst. U. S. Atty., Chattanooga, Tenn., Fred W. Moncrief, Trial Atty., Dept. of Labor, Washington, D. C., for plaintiff.

Ray H. Moseley, Humphreys, Hutcheson & Moseley, Chattanooga, Tenn., for defendant.


MEMORANDUM

FRANK W. WILSON, Chief Judge.

This is an action brought by the Secretary of Labor pursuant to the Federal Mine Safety and Health Act of 1977, ("Act") 30 U.S.C. 801, et seq. seeking injunctive relief as a result of the defendant's denial of entry and refusal to permit an inspection of the defendant's coal mine by the Secretary. This matter is presently before the Court on the plaintiff's motion for summary judgment. By order entered April 2, 1979...

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