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MARSHALL v. KRAYNAK

No. 78-2576.

604 F.2d 231 (1979)

Ray MARSHALL, Secretary of Labor v. William R. KRAYNAK, Thomas Kraynak, George Robert Kraynak, and Richard Kraynak, a partnership, Trading and Doing Business as Kraynak Coal Company, No. 3 Mine, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 22, 1979.

Attorney(s) appearing for the Case

William P. Getty, Thomas A. Berret, Meyer, Unkovic & Scott, Pittsburgh, Pa., for appellants.

Carin Ann Clauss, Sol. of Labor, Morell E. Mullins, Associate Sol., Thomas A. Mascolino, Counsel, Frederick W. Moncrief, Trial Atty., Ronald E. Meisburg, Judith N. Macaluso, Attys., U. S. Dept. of Labor, Arlington, Va., Fredrick W. Thieman, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before ALDISERT, VAN DUSEN and WEIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) August 7, 1979.

OPINION OF THE COURT

PER CURIAM.

This appeal from summary judgment in favor of the Secretary of Labor, brought by the owners of a small coal mine, requires us to decide whether the provisions of the Federal Coal Mine Act apply to circumstances in which the only miners working a mine are the four brothers who own and operate it. The district court determined that the miner-operators came within...

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