Legal Opinion
Appalachian Power Company v. Dunlop
District Court, S.D. West Virginia
Decided August 15, 1975No. Civ. A. 75-0180-CHPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM ORDER
DENNIS R. KNAPP, Chief Judge.
This is an action brought by Appalachian Power Company (hereinafter referred to as “Appalachian”) seeking a preliminary and permanent injunction to restrain and enjoin the defendants from applying and enforcing the provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, against it, and seeking a judgment declaring that the plaintiff is not an “operator” of a “coal mine” as those terms are defined in the Act. The action is pending on motions to dismiss filed by the defendant, John T. Dunlop, Secretary of Labor, and…
2Cases cited3 opinions
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Paramino Lumber Co. v. MarshallCourt of Appeals for the Ninth Circuit · 1938
- Associated-Banning Co. v. LandyDistrict Court, N.D. California · 1965
3Cited by2 opinions
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. Eastern Coal Corp.Court of Appeals for the Sixth Circuit · 1977
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. Eastern Coal Corporation, Director, Office of Workers' Compensation Programs, United States Department of Labor v. Elkhorn Jellico Coal Company and Old Republic CompaniesCourt of Appeals for the Sixth Circuit · 1977