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POCAHONTAS FUEL CO. v. ANDRUS

No. 77-2239.

590 F.2d 95 (1979)

POCAHONTAS FUEL COMPANY, Division of Consolidation Coal Company, Petitioner, v. Cecil D. ANDRUS, Secretary of The Interior, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1979.

Attorney(s) appearing for the Case

Timothy M. Biddle, Washington, D. C. (David R. Case, Jones, Day, Reavis & Pogue, Washington, D. C., on brief), for petitioner.

Allan Gerson, Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Ronald R. Glancz and Allen H. Sachsel, Civil Division, Dept. of Justice, Washington, D. C., on brief), for respondent.

Before BRYAN, Senior Circuit Judge, and BUTZNER and FIELD, Circuit Judges.

PER CURIAM:

On October 8, 1974, Inspector Donald C. Phillips entered the Maitland Mine operated by the appellant, Pocahontas Fuel Company, at Superior, West Virginia to conduct an official inspection. Discovering a trailing cable to a shuttle car damaged in four places to the extent that power conductors were exposed, Phillips issued a withdrawal order under the Federal Coal Mine Health and Safety Act. 30 U.S.C. § 801 et seq. (1970). A second such order...

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