UNITED STATES v. BLUE DIAMOND COAL CO.

No. 80-5084.

667 F.2d 510 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. BLUE DIAMOND COAL COMPANY, Scotia Coal Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 17, 1981.

Rehearing and Rehearing Denied February 8, 1982.


Attorney(s) appearing for the Case

Patrick H. Molloy, U. S. Atty., Lexington, Ky., William C. Bryson, Washington, D.C., for plaintiff-appellant.

William E. Scent, Robert Cusick, Tarrant, Combs & Bullitt, Louisville, Ky., for defendants-appellees.

Before ENGEL and KEITH, Circuit Judges and WISEMAN, District Judge.


Rehearing and Rehearing En Banc Denied February 8, 1982.

ENGEL, Circuit Judge.

In this appeal we are required to consider whether the Fourth Amendment protection against unreasonable searches and seizures extends to the warrantless seizure of statutorily required records from the office of a coal mine company where they were located on a table and open to inspection.

We reverse the district court judgment suppressing the records and directing their...

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