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CONSOLIDATION COAL CO. v. MARSHALL

No. 80-2600.

663 F.2d 1211 (1981)

CONSOLIDATION COAL COMPANY, Petitioner, v. Ray MARSHALL, Secretary of Labor, on behalf of David Pasula, et al, and Federal Mine Safety and Health Review Commission, Respondents, United Mine Workers of America, Intervenor.

United States Court of Appeals, Third Circuit.

Decided October 30, 1981.

Rehearings Denied January 5, 1982.

Attorney(s) appearing for the Case

Anthony J. Polito (argued), Corcoran, Hardesty, Ewart, Whyte & Polito, Pittsburgh, Pa., for petitioner.

Linda Leasure (argued), U. S. Dept. of Labor, Arlington, Va., Ronald E. Meisburg, Michael A. McCord, Counsel, Appellate Litigation, T. Timothy Ryan, Jr., Sol. of Labor, Washington, D. C., Cynthia L. Attwood, Acting Associate Sol., U. S. Dept. of Labor, Arlington, Va., for respondent.

Lawrence Chaban (argued), Kenneth J. Yablonski, Yablonski, King, Costello & Leckie, Washington, Pa., for United Mine Workers.

Before ADAMS, HUNTER and SLOVITER, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Consolidation Coal Company ("Consol") petitions for relief from a final order of the Federal Mine Safety and Health Commission ("Commission") directing the reinstatement of David Pasula with backpay. This court has jurisdiction pursuant to section 106 of the Federal Mine Safety and Health Act of 1977 (the "Mine Act"), 30 U.S.C. § 816(a) (Supp. III 1979...

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