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HARMAN MIN. CORP. v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMM.

No. 81-1189.

671 F.2d 794 (1981)

HARMAN MINING CORPORATION, a corporation, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Secretary of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 24, 1981.

Attorney(s) appearing for the Case

J. Peter Richardson, Robert M. Richardson, Bluefield, W. Va. (Richardson, Kemper, Hancock & Davis, Bluefield, W. Va., on brief), for petitioner.

Debra L. Feuer, U. S. Dept. of Labor, Washington, D. C. (T. Timothy Ryan, Jr., Sol. of Labor, Edward P. Clair, Acting Associate Sol., Michael A. McCord, Appellate Litigation, Washington, D. C., on brief), for respondents.

Before FIELD, Senior Circuit Judge, and HALL and SPROUSE, Circuit Judges.

PER CURIAM:

Harman Mining Corporation (Harman) has petitioned for review of a final order of the Federal Mine Safety and Health Review Commission. An inspector of the Mine Safety and Health Administration (MSHA) issued an order pursuant to § 103(k) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 813(k) (Act), requiring Harman's miners to withdraw from the scene of a fatal mine accident. The inspector...

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