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U. S. DEPT. OF LABOR v. OLD BEN COAL CO.

No. 81-1561.

676 F.2d 259 (1982)

UNITED STATES DEPARTMENT OF LABOR, Plaintiff-Appellant, v. OLD BEN COAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 15, 1982.

Rehearing and Rehearing Denied September 8, 1982.

Attorney(s) appearing for the Case

Ann. S. Rosenthal, U. S. Dept. of Labor, Arlington, Va., for plaintiff-appellant.

Robert J. Araujo, Chicago, Ill., for defendant-appellee.

Before SWYGERT, Senior Circuit Judge, PECK, Senior Circuit Judge, and ESCHBACH, Circuit Judge.

Rehearing and Rehearing En Banc Denied September 8, 1982.

SWYGERT, Senior Circuit Judge.

In August 1974 the Mining Enforcement and Safety Administration, the enforcement branch of the Secretary of the Interior, alleged that Old Ben Coal Company (hereinafter "Old Ben") had committed numerous violations of the Federal Coal Mine Health and Safety Act of 1969 (hereinafter "Coal Act"), 30 U.S.C. §§ 801 et seq. (1976 ed). After a hearing the administrative...

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