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UNITED STATES v. JONES

Nos. 83-5181, 83-5182.

735 F.2d 785 (1984)

UNITED STATES of America, Appellee, v. Kyle JONES, Appellant. UNITED STATES of America, Appellee, v. Gary NEIL, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1984.

Attorney(s) appearing for the Case

James D. McQueen, Jr., Huntington, W.Va. (W. Nicholas Reynolds, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W.Va., on brief), for appellant Gary Neil.

John A. Rollins, Charleston, W.Va. (Arthur T. Ciccarello, Brickford Y. Brown, Lewis, Ciccarello, Masinter & Friedberg, Charleston, W.Va., on brief), for appellant Kyle Jones.

Michael W. Carey, Asst. U.S. Atty., Charleston, W.Va. (David A. Faber, U.S. Atty., Marye L. Wright, Asst. U.S. Atty., Charleston, W.Va., on brief), for appellee.

Before RUSSELL and ERVIN, Circuit Judges; and MAX ROSENN, Senior Circuit Judge for the United States Court of Appeals for the Third Circuit, sitting by designation.

ROSENN, Senior Circuit Judge.

On November 7, 1980, an explosion at a coal mine operated by the Westmoreland Coal Company in Boone County, West Virginia killed five miners. Following an investigation, Kyle Jones, the mine superintendent, and Gary Neil, the night shift supervisor, were indicted in the United States District Court for the Southern District of West Virginia. They were jointly tried to a jury and convicted of violations of the Federal Mine Safety and Health...

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