Legal Opinion

Pocahontas Fuel Company, Division of Consolidation Coal Company v. Cecil D. Andrus, Secretary of the Interior

Court of Appeals for the Fourth Circuit

Decided January 8, 1979No. 77-2239PublishedCited by 5 opinions

1Per curiam

On October 8, 1974, Inspector Donald C. Phillips entered the Maitland Mine operated by the appellant, Pocahontas Fuel Company, at Superior, West Virginia to conduct an official inspection. Discovering a trailing cable to a shuttle car damaged in four places to the extent that power conductors were exposed, Phillips issued a withdrawal order under the Federal Coal Mine Health and Safety Act. 30 U.S.C. § 801 et seq. (1970). A second such order was issued by him after coming upon another shuttle car not provided with frame ground protection. He terminated both orders after the violative…

2Cited by5 opinions

  1. Allied Products Company v. Federal Mine Safety and Health Review Commission and Raymond J. Donovan, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1982
  2. Consol Buchanan Mining Company, LLC v. Secretary of LaborCourt of Appeals for the Fourth Circuit · 2016
  3. Consol Buchanan Mining Company v. Secretary of LaborCourt of Appeals for the Fourth Circuit · 2016
  4. W.S. Frey Co., Inc. v. Secretary of U.S. Dept. of LaborCourt of Appeals for the Fourth Circuit · 1995
  5. Wilmot Min. Co. v. Secretary of LaborCourt of Appeals for the Sixth Circuit · 1988

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