Marshall v. Bosack

MEMORANDUM TO SUPPLEMENT BENCH OPINION

HUYETT, District Judge.

On April 21, 1978, I held oral argument on the parties’ motions for summary judgment. After argument, I orally rendered an opinion from the bench, granting summary judgment in favor of plaintiff Secretary of Labor and stating the reasons for my conclusions. The purpose of this memorandum is to clarify and amplify those reasons stated in open court.

The facts are not in dispute. Defendants Frank Bosack and Edward Hoke own and operate as a partnership a coal preparation plant, the Glen Worth Coal Company (Glen Worth), located near…