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SOUTHERN OHIO COAL CO. v. DONOVAN

No. C-2-78-1041.

593 F.Supp. 1014 (1984)

SOUTHERN OHIO COAL COMPANY, Plaintiff, v. Ray DONOVAN, Secretary of Labor, et al., Defendants.

United States District Court, S.D. Ohio, E.D.

September 7, 1984.

Attorney(s) appearing for the Case

Alvin J. McKenna, D. Michael Miller, Alexander, Ebinger, Fisher, McAlister & Lawrence, Columbus, Ohio, for plaintiff.

Page Jackson, U.S. Dept. of Labor, Arlington, Va., Albert R. Ritcher, Asst. U.S. Atty., Columbus, Ohio, for defendants.

OPINION AND ORDER

KINNEARY, District Judge.

This matter is before the Court upon plaintiff's motion for summary judgment and defendants' motion to dismiss. Plaintiff's motion presents a single, narrow issue: is a coal mine operator unconstitutionally deprived of procedural due process when the Federal Mine Safety and Health Review Commission, without a prior hearing, issues an ex parte order reinstating a discharged coal miner who alleges that he was discharged...

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