Turner Elkhorn Mining Co. v. Brennan

MEMORANDUM OPINION

Before LIVELY, Circuit Judge, and MOYNAHAN and HERMANSDORFER, District Judges. HERMANSDORFER, District Judge.

This action constitutes a facial attack upon the constitutionality of portions of Subchapter IV, Black Lung Benefits, of the Federal Coal Mine Health and Safety Act of 1969, Pub.L. 91-173, Dec. 30, 1969, 83 Stat. 792, as amended by the Black Lung Benefits Act of 1972, Pub.L. 92-303, May 19, 1972, 86 Stat. 150, 30 U.S.C. § 901 et seq. Plaintiffs are twenty-two (22) coal mine operators who charge the Act violates rights secured under the Fifth Amendment to the Federal…