SECRETARY OF INT., US DEPT. OF INTERIOR v. Shingara

OPINION

MUIR, District Judge.

The above matter is before the Court on a case stated. Both parties agree that there are no genuine issues of material fact and that a decision on a motion for summary judgment under F.R.Civ.P. 56 is appropriate. Both parties have filed such motions.

Edward and Frederick Shingara, the Defendants, operate an underground coal mine located near Treverton, Northumberland County, Pennsylvania. They are, at this time, the only individuals who work the mine. Edward goes underground, while Frederick does the hoisting.

On September 17, 1975, in an attempted exercise of his…