DIRECTOR, U. S. B. OF M. v. PRINCESS ELKHORN COAL CO.

No. 12452.

226 F.2d 570 (1955)

DIRECTOR, UNITED STATES BUREAU OF MINES, Appellant, v. PRINCESS ELKHORN COAL COMPANY (Princess No. 2 Mine), (Federal Coal Mine Safety Board) Appellee.

United States Court of Appeals Sixth Circuit.

October 24, 1955.


Attorney(s) appearing for the Case

John G. Laughlin, Washington, D. C., argued Warren E. Burger, Asst. Atty. Gen., Melvin Richter, John G. Laughlin, Dept. of Justice, Donald G. Welsh, Dept. of Interior, on the brief, for appellant.

John K. Pickens, Jerry N. Griffin, M. Joseph Stoutenburgh and John C. Gall, Washington, D. C., on the brief, Dawson, Griffin, Pickens & Bird, Gall, Lane & Howe, Washington, D. C., of counsel, for appellee.

Welly K. Hopkins, Harrison Combs, Willard P. Owens, Washington, D. C., on the brief, amicus curiae, for United Mine Workers of America.

Ed D. Schorr, Columbus, Ohio, Louis J. Schneider, Jr., Cincinnati, Ohio, on the brief, amicus curiae, for Operators & Committee on Federal Mine Safety Legislation.

Before MARTIN, McALLISTER and MILLER, Circuit Judges.


MARTIN, Circuit Judge.

This is an appeal by the Director of the United States Bureau of Mines from a decision and order of the Federal Coal Mine Safety Board of Review. The Safety Board directed annulment of an order of the Director which denied application of the appellee company for the voiding of an order issued by a federal inspector, pursuant to section 203(d) of the Federal Coal Mine Safety Act [30 U.S.C.A. §§ 451-483], requiring the appellee operator...

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