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APPALACHIAN POWER COMPANY v. DUNLOP

Civ. A. No. 75-0180-CH.

399 F.Supp. 972 (1975)

APPALACHIAN POWER COMPANY, a corporation, Plaintiff, v. John T. DUNLOP, Secretary of Labor, et al., Defendants, William W. Grim, Intervenor.

United States District Court, S. D. West Virginia, Charleston Division.

August 15, 1975.

Attorney(s) appearing for the Case

David D. Johnson, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., for plaintiff.

William J. Kilberg, Marshall H. Harris and Frank A. White, U. S. Dept. of Labor, Washington, D. C., for defendants.

MEMORANDUM ORDER

DENNIS R. KNAPP, Chief Judge.

This is an action brought by Appalachian Power Company (hereinafter referred to as "Appalachian") seeking a preliminary and permanent injunction to restrain and enjoin the defendants from applying and enforcing the provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, against it, and seeking a judgment declaring that the plaintiff is not an "operator" of a "coal mine" as...

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