Marshall v. Meredith Mining Co.

*738OPINION

ROSENBERG, District Judge.

This matter is before me on a complaint filed by the plaintiff, Ray Marshall, Secretary of Labor, United States Department of Labor, pursuant to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. seeking a preliminary injunction against the defendant, Meredith Mining Company, Inc., from continuing operations of its Kutsch Mine until the defendant corrects certain conditions.

A hearing on the preliminary injunction was held before me on December 19, 1979. Neither the defendant nor its representative appeared at the hearing, although the…