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BAKER v. UNITED STATES DEPT. OF INTERIOR BD.

No. 77-1973.

595 F.2d 746 (1978)

Phil BAKER, Petitioner, v. UNITED STATES DEPARTMENT OF the INTERIOR BOARD OF MINE OPERATIONS APPEALS, Respondent, North American Coal Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 29, 1978.

Attorney(s) appearing for the Case

Charles E. DeBord, II, Wellsburg, W. Va., with whom John W. Cooper, Wellsburg, W. Va., was on brief, for petitioner.

Timothy M. Biddle, Washington, D. C., with whom John C. Reitz, Washington, D. C., was on brief, for intervenor.

Robert E. Kopp and Mark H. Gallant, Attys., Dept. of Justice, Washington, D. C., 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 interpret section 110(b) of the Federal Coal Mine Health and Safety Act of 1969 (the Act).1 In accord with the recent precedent of this court, and the legislative intent behind section 110(b), we hold that a miner who makes a safety complaint is protected from employer retaliation...

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