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CYPRUS INDUS., ETC. v. FEDERAL MINE SAF. & HEALTH REVIEW COMM.

No. 81-7062.

664 F.2d 1116 (1981)

CYPRUS INDUSTRIAL MINERALS COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, and Raymond J. Donovan, Secretary of Labor, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1981.

Attorney(s) appearing for the Case

Scott H. Dunham, O'Melveny & Myers, Los Angeles, Cal., for petitioner.

Ann S. Rosenthal, Washington, D. C., for respondents.

Before GOODWIN and FLETCHER, Circuit Judges, and PANNER, District Judge.

GOODWIN, Circuit Judge.

After a fatal accident, a Federal Mine Safety and Health inspector cited Cyprus for a violation of 30 C.F.R. § 57.3-22 (1980) and issued a withdrawal order. An unsuccessful review petition before the Mine Safety and Health Administration led Cyprus to petition this court for review. Cyprus contends: (1) that the operation where the accident occurred was not a mine within the meaning of the Federal Mine Safety and Health Act, 30 U.S.C....

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