Legal Opinion · Concurrence

Association of Bituminous Contractors v. Andrus

Court of Appeals for the D.C. Circuit

Decided February 22, 1978No. Nos. 75-1931 and 75-1932PublishedCited by 23 opinions

1ConcurrenceOpinion for the court filed by MacKINNON, Circuit Judge

MacKINNON, Circuit Judge:

The events underlying this appeal begin with a decision in an earlier unconnected case involving essentially the same facts concerning the Affinity Mining Co. in West Virginia. In that case an order issued on December 21, 1970, to evacuate a slope being driven at the Keystone No. 5 coal mine operated by Affinity. A federal coal mine inspector had documented conditions at that slope constituting an imminent danger,1 and issued the withdrawal order pursuant to section 104 of the Federal Coal Mine Health and Safety Act of 1969.2 On February 4, 1972, the Bureau of Mines…

2Cases cited23 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  3. The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967
  4. Toilet Goods Ass'n v. GardnerSupreme Court of the United States · 1967
  5. United States v. Storer Broadcasting Co.Supreme Court of the United States · 1956

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3Cited by23 opinions

  1. William E. Brock, Secretary of Labor v. Cathedral Bluffs Shale Oil Co.Court of Appeals for the D.C. Circuit · 1986
  2. Natural Resources Defense Council v. Nuclear Regulatory Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1981
  3. Teva Pharmaceuticals USA, Inc. v. SebeliusCourt of Appeals for the D.C. Circuit · 2010
  4. Synanon Church v. United StatesCourt of Appeals for the D.C. Circuit · 1987
  5. National Industrial Sand Ass'n v. MarshallCourt of Appeals for the Third Circuit · 1979

18 more not listed; retrieve them via the Exa API.

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