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AMERICAN COAL CO. v. U.S. DEPT. OF LABOR

No. 79-2239.

639 F.2d 659 (1981)

AMERICAN COAL COMPANY, a corporation, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 21, 1981.

Attorney(s) appearing for the Case

Daniel M. Allred, Salt Lake City, Utah (James B. Lee, Salt Lake City, Utah, with him on the brief), of Parsons, Behle & Latimer, Salt Lake City, Utah, for plaintiff-appellant.

Cynthia L. Attwood, Counsel, Appellate Litigation, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Washington, D. C., Morell E. Mullins, Associate Sol., and Debra L. Feuer, Atty., U. S. Dept. of Labor, Arlington, Va., with her on the brief), for defendants-appellees.

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

American Coal Company, a Utah corporation, is a contractual operator of coal mines owned by Utah Power & Light Company and situate in Utah. On Sunday, April 8, 1979, a portion of the roof in the main west section of American Coal's Wilberg Mine, located in Emery County, Utah, collapsed. The collapsed area measured approximately 25 feet in diameter in a tunnel complex approximately 600 feet wide and two miles long.1...

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