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COWIN & CO. v. FEDERAL MINE SAFETY & HEALTH REVIEW

No. 82-1336.

694 F.2d 966 (1982)

COWIN & COMPANY, INC., Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 10, 1982.

Attorney(s) appearing for the Case

William H. Howe, Richard A. Steyer, Washington, D.C. (Timothy J. Parsons, Loomis, Owen, Fellman & Howe, Washington, D.C., on brief), for petitioner.

Anna L. Wolgast, U.S. Dept. of Labor, Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Cynthia L. Attwood, Associate Sol., Michael A. McCord, Appellate Litigation, Nancy S. Hyde, Washington, D.C., on brief), for respondents.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

PER CURIAM:

Cowin and Company, Inc. (Cowin), an independent contractor performing construction for the owner of a coal mine, seeks review of an order of the Federal Mine Safety and Health Review Commission determining that it was an "operator" within the meaning of § 109(a)(1) of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 819(a)(1) (1976 ed.) (the Act) and assessing civil penalties for violations of various safety standards. We had...

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