MUNSEY v. FEDERAL MINE SAFETY & HEALTH REVIEW COM'N

No. 77-1619.

595 F.2d 735 (1978)

Glenn MUNSEY, Petitioner, v. FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION, Respondent, Smitty Baker Coal Co., Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 29, 1978.


Attorney(s) appearing for the Case

Steven B. Jacobson, Washington, D. C., for petitioner.

Freddi Lipstein, Atty., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., and Morton Hollander, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

J. Edward Ingram, Knoxville, Tenn., was on the brief for intervenors.

Robert E. Kopp and William Kanter, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent.

Before McGOWAN and TAMM, Circuit Judges, and JUNE L. GREEN, United States District Judge for the District of Columbia.


Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

In this case we are called upon to review for the second time a decision of the United States Department of the Interior Board of Mine Operations Appeals (the Board) holding that Glenn Munsey was not discriminated against in violation of section 110(b) of the Federal Coal Mine Health and Safety Act of 1969 (the Act, 30 U.S.C. § 820(b) (1976).1 Although...

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