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ELK RUN COAL CO., INC. v. U.S. DEPT. OF LABOR

Civil Action No. 10-1056 (JEB).

804 F.Supp.2d 8 (2011)

ELK RUN COAL COMPANY, INC., et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF LABOR, et al., Defendants.

United States District Court, District of Columbia.

August 18, 2011.

Attorney(s) appearing for the Case

Daniel W. Wolff, Timothy Maurice Biddle, Thomas Cornell Means, Crowell & Moring LLP, Washington, DC, for Plaintiffs.

Christopher R. Hall, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

JAMES E. BOASBERG, District Judge.

Plaintiffs are six underground coal mine operators who, among them, operate at least fourteen mines. They have brought this action against, inter alia, the Mine Safety and Health Administration, claiming MSHA has violated their constitutional rights. More specifically, Plaintiffs assert that they are being denied due process by MSHA's lack of appropriate procedures to resolve disputes...

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