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MONTEREY COAL CO. v. FEDERAL MINE SAFETY, ETC.

No. 79-1827.

635 F.2d 291 (1980)

MONTEREY COAL COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent. United Mine Workers of America, Intervenors. Secretary of Labor, Intervenor. Climax Molybdenum Co., Amicus Curiae. Association of Bituminous Contractors, Inc., Amicus Curiae. American Mining Congress, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1980.

Attorney(s) appearing for the Case

Timothy M. Biddle, Washington, D. C. (Thomas C. Means, Crowell & Moring, John F. Buergler, Washington, D. C., on brief), for petitioner Monterey Coal Co.

Judith N. Macaluso, U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Morell E. Mullins, Associate Sol., Cynthia L. Attwood, Appellate Litigation, Washington, D. C., on brief), for intervenor Secretary of Labor.

Harrison Combs, Mary Lu Jordan, Marilyn Townsend, Washington, D. C., on brief, for intervenor United Mine Workers of America.

W. Michael Hackett, Amax Inc. Law Dept., on brief, for amicus curiae Climax Molybdenum Co.

Henry Chajet, Washington, D. C., Michael F. Duffy, Washington, D. C., on brief, for amicus curiae American Mining Congress.

William H. Howe, Timothy J. Parsons, Loomis, Owen, Fellman & Howe, Washington, D. C., on brief, for amicus curiae Association of Bituminous Contractors, Inc.

Before BUTZNER, RUSSELL and MURNAGHAN, Circuit Judges.

BUTZNER, Circuit Judge:

This petition for review is from an order of the Federal Mine Safety and Health Review Commission reversing an administrative law judge's decision that the Mine Safety and Health Administration unjustifiedly cited Monterey Coal Company, a mine owner, instead of Frontier-Kemper Constructors, an independent contractor, for safety violations at a mine construction site. The Commission remanded the case to the administrative law judge for further...

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