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COWIN & CO. v. FEDERAL MINE S. & H. REVIEW COM'N

No. 78-1825.

612 F.2d 838 (1979)

COWIN AND COMPANY, INC., Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent. Ray Marshall, Secretary of Labor, U. S. Department of Labor, /R, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 1979.

Attorney(s) appearing for the Case

William H. Howe, Washington, D. C. (Donald L. Rosenthal, Washington, D. C., Thomas G. Bearden, Loomis, Owen, Fellman & Howe, Washington, D. C., on brief), for petitioner.

Robert V. Varnum, Appellate Staff, Civ. Div., Dept. of Justice, and J. Philip Smith, Dept. of Labor, Arlington, W. Va., (Carin Ann Clauss, Sol., Morell E. Mullins, Associate Sol., Thomas Mascolino, Dept. of Labor, Barbara Allen Babcock, Asst. Atty. Gen., and Ronald R. Glancz, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for Secretary of Labor.

Before HALL, PHILLIPS and MURNAGHAN, Circuit Judges.

K. K. HALL, Circuit Judge:

Cowin & Company, Inc., an independent construction company, was employed in the construction of an air intake shaft for Ranger Fuel, Inc., a coal mine operator, at its Beckley, No. 1 coal mine near Bolt, West Virginia. On January 7, 1974, three Cowin employees were killed and three injured when wire ropes suspending their work platform broke, plunging the workers more than one hundred feet to the bottom of the shaft. Cowin was charged...

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