Samuel Chaneyfield v. The City of New York and Mathews & Chase

OAKES, Circuit Judge:

This appeal is from the dismissal of a complaint for personal injuries under the Federal Metal and Nonmetallic Mine Safety Act, 30 U.S.C. § 721 et seq. (hereafter the “Mine Safety Act”). Judge Richard Owen, of the United States District Court for the Southern District of New York, concluded that the Mine Safety Act did not apply under the facts and, as no other federal claim was alleged, he dismissed the complaint for lack of subject matter jurisdiction. We agree that the Mine Safety Act, enacted in 1966, confers no private right of action, and, although appellant seeks…