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BITUMINOUS COAL OPERATORS' ASS'N v. HATHAWAY

Civ. No. 75-0113.

406 F.Supp. 371 (1975)

BITUMINOUS COAL OPERATORS' ASSOCIATION, INC., et al., Plaintiffs, v. Stanley K. HATHAWAY, Secretary of the Interior, et al., Defendants.

United States District Court, W. D. Virginia, Roanoke Division.

November 24, 1975.

Attorney(s) appearing for the Case

William A. Gershuny, Farmer, Shibley, McGuinn & Flood, Washington, D. C., William B. Poff, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., for plaintiffs.

Rex E. Lee, Asst. Atty. Gen., Harland F. Leathers, Robert M. Rader, U. S. Dept. of Justice, I. Avrum Fingeret, U. S. Dept. of the Interior, Washington, D. C., Paul Thomson, Jr., Asst. U. S. Atty., Roanoke, Va., for defendants.

Paul R. Hoeber, Richard L. Trumka, Washington, D. C., Stuart B. Campbell, Jr., Campbell, Young & Hodges, Wytheville, Va., for intervenor-defendant.

MEMORANDUM OPINION and ORDER

TURK, Chief Judge.

This is a suit for declaratory and injunctive relief filed by the Bituminous Coal Operators Association, a non-profit association of coal mine operators and owners (hereinafter "BCOA") against the Secretary of the Department of the Interior and the Acting Administrator and Assistant Administrator of the Mining Enforcement Safety Administration (hereinafter "MESA"). In addition, the Association of Bituminous...

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