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ZEIGLER COAL CO. v. MARSHALL

Civ. No. 80-4494.

502 F.Supp. 1326 (1980)

ZEIGLER COAL COMPANY, Plaintiff, v. F. Ray MARSHALL, Secretary of Labor, et al., Defendants.

United States District Court, S. D. Illinois.

December 16, 1980.

Attorney(s) appearing for the Case

Charles D. Winters and John S. Brewster, Winters, Brewster, Brown & Permar, Marion, Ill., Alvin J. McKenna and D. Michael Miller, Alexander, Ebinger, Fisher, McAlister & Lawrence, Columbus, Ohio, J. Halbert Woods and John J. Adams, Zeigler Coal Co., Des Plaines, Ill., for plaintiff.

James R. Burgess, Jr., U. S. Atty., East St. Louis, Ill., Frederick W. Moncrief, U. S. Dept. of Labor, Arlington, Va., for defendants.

ORDER

FOREMAN, Chief Judge:

Plaintiff, Zeigler Coal Company, has brought this action seeking a preliminary injunction or in the alternative, a temporary restraining order. The basis of Zeigler's claim for relief lies in its allegations of due process deprivations and the constitutional invalidity of 30 U.S.C. § 815(c), if not facially, at least as applied to Zeigler. These contentions are more fully developed below.

I.

The relevant...

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