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RICHARDSON v. SECRETARY OF LABOR

No. 81-3060.

689 F.2d 632 (1982)

Kenny RICHARDSON, Petitioner, v. SECRETARY OF LABOR; Mine Safety and Health Review Commission, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided October 1, 1982.

Rehearing and Rehearing Denied December 9, 1982.

Attorney(s) appearing for the Case

Rees Kinney, Jarvis, Payton & Kinney, Greenville, Ky., for petitioner.

Mine Safety & Health Review Comm., Washington, D. C., Thomas A. Mascolino, Dept. of Labor, Arlington, Va., Michael A. McCord, Debra L. Feuer, Linda Leasure, for respondent.

Before EDWARDS, Chief Circuit Judge, CONTIE, Circuit Judge, and ENSLEN, District Judge.

Rehearing and Rehearing En Banc Denied December 9, 1982.

CONTIE, Circuit Judge.

This is an appeal from the findings of the Federal Mine Safety and Health Review Commission. Petitioner Richardson is a master mechanic employed by Peabody Coal Company at their Sinclair Mine; his primary duty is to supervise repair of the mine's strip-mining equipment.

In August of 1977, the boom of the mine's dragline fell while...

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