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LUCAS v. MORTON

Civ. A. No. 71-1117.

358 F.Supp. 900 (1973)

W. A. LUCAS and A. S. Lucas, trading and doing business as Lucas Coal Company, et al., Plaintiffs, v. Rogers C. B. MORTON, Secretary of the Interior, et al., Defendants.

United States District Court, W. D. Pennsylvania.

May 15, 1973.

Attorney(s) appearing for the Case

Henry J. Wallace, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for plaintiffs.

Peter J. P. Brickfield, U. S. Dept. of Justice, Civil Div., Washington, D.C., and James Villanova, Asst. U. S. Atty., Pittsburgh, Pa., for defendants.

Before ALDISERT and WEIS, Circuit Judges and SORG, District Judge.

OPINION

WEIS, Circuit Judge.*

The plaintiffs are operators of surface coal mines (strip mines) located in Western Pennsylvania at whose behest this Three-Judge Court has been convened to consider challenges to the constitutionality of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S. C.A. § 801 et seq. Certain features of the Act and its administration have come under attack by the plaintiffs who allege that:...

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