SOUTHERN OHIO COAL CO. v. DONOVAN

Nos. 84-3910, 84-5688.

774 F.2d 693 (1985)

SOUTHERN OHIO COAL COMPANY, (84-3910), U.S. Coal, Inc., (84-5688), Plaintiffs-Appellees, v. Raymond J. DONOVAN, Secretary of Labor; Federal Mine Safety & Health Administration; Federal Mine Safety & Health Review Commission; James A. Broderick and Paul Merlin, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 2, 1985.


Attorney(s) appearing for the Case

Barry F. Wisor, U.S. Dept. of Labor, Office of Sol., Michael A. McCord, Arlington, Va., John W. Gill, U.S. Atty., Knoxville, Tenn., Mary-Helen Mautner, Steven J. Mandel (argued), U.S. Dept. of Labor, Office of Sol., Washington, D.C., for Donovan, et al.

R. Louis Crossley, Jr., D. Michael Miller (argued), Knoxville, Tenn., for U.S. Coal, Inc.

Francis X. Lilly, Sol. of Labor, U.S. Dept. of Labor, Karen I. Ward, Steven J. Mandel (argued), L. Joseph Ferrara, Acting Atty. Gen. Counsel, Federal Mine Safety & Health Review Com., Washington, D.C., for Secretary of Labor.

Alvin J. McKenna, Alexander, Ebinger, Fisher, McAlister & Lawrence, D. Michael Miller (argued), Columbus, Ohio, for Southern Ohio Coal Co.

Before KEITH, MERRITT and WELLFORD, Circuit Judges.


WELLFORD, Circuit Judge.

This is a consolidated appeal from two separate district court decisions that held unconstitutional certain procedures of the Federal Mine Safety and Health Review Commission (the "Commission"). The Rule, 29 C.F.R. § 2700.44, permits the Secretary of Labor to require that coal mine operators temporarily reinstate miners who allegedly had been terminated for seeking enforcement of mine safety regulations. The Rule provides for this forced...

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