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MATALA v. MARSHALL

Civ. A. No. 78-0035-W(H).

483 F.Supp. 1332 (1980)

John MATALA, Plaintiff, v. Ray MARSHALL, Secretary of Labor, and Consolidation Coal Company, Defendants.

United States District Court, N. D. West Virginia, Wheeling Division.

February 13, 1980.

Attorney(s) appearing for the Case

Steven B. Jacobson, Legal Department, UMWA, Washington, D.C., James M. Haviland, McIntyre, Haviland & Jordan, Charleston, W.Va., for plaintiff.

William D. Wilmoth, Asst. U. S. Atty., Wheeling, W.Va., for Secretary of Labor.

Belva D. Newsome, Washington, D.C., for Department of Labor.

Anthony J. Polito, Rose, Schmitt, Dixon, Hasley & Whyte, Pittsburgh, Pa., Ray A. Byrd, Schrader, Stamp & Recht, Wheeling, W.Va., for Consolidation Coal Co.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

This action is before the Court on a complaint for review of an administrative decision rendered in favor of the Defendants. Each party has submitted this case on a motion for summary judgment in accordance with Rule 56 of the Federal Rules of Civil Procedure and the Court is of the opinion that there is no genuine issue of fact in dispute.

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