UNITED STATES v. FOWLER

Civ. A. Nos. 78-0174-B, 78-0177-B.

484 F.Supp. 843 (1980)

UNITED STATES of America, Plaintiff, v. F. Boyd FOWLER, dba Fowler and Chaney Coal Co., Defendant. UNITED STATES of America, Plaintiff, v. Glen A. SMITH, dba Loose Jaw Coal Co., Defendant.

United States District Court, W. D. Virginia.

February 19, 1980.


Attorney(s) appearing for the Case

U. S. Atty. Paul R. Thomson, Jr., E. Montgomery Tucker, Asst. U. S. Atty., Roanoke, Va., for plaintiff.

David S. Smith, Kilcullen, Smith & Heenan, Washington, D. C., Robert T. Winston, Mullins, Winston & Roberson, Norton, Va., E. K. Street, Street, Street & Street, Grundy, Va., Donald E. Earls, Earls, Wolfe & Farmer, Carl E. McAfee, Cline, McAfee & Adkins, Norton, Va., for defendant.


MEMORANDUM OPINION AND ORDER

GLEN M. WILLIAMS, District Judge.

The above-styled cases came before this court when the United States of America filed petitions to enforce civil penalty assessments levied by the Mining Enforcement and Safety Administration (MESA) of the United States Department of the Interior. These petitions were filed pursuant to Federal Coal Mine Health and Safety Act of 1969.1 The question currently before...

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