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CLIMAX MOLYBDENUM CO. v. SECRETARY OF LABOR

No. 80-2187.

703 F.2d 447 (1983)

CLIMAX MOLYBDENUM COMPANY, A DIVISION OF AMAX INC., Petitioner, v. SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), Federal Mine Safety and Health Review Commission, and Oil, Chemical, and Atomic Workers' International Union, Local 2-24410, Respondents.

United States Court of Appeals, Tenth Circuit.

March 21, 1983.

Attorney(s) appearing for the Case

Hugh A. Burns, Denver, Colo. (Phillip S. Figa, Denver, Colo., with him on brief), of Burns & Figa, P.C., Denver, Colo., for petitioner.

Linda L. Leasure, Dept. of Labor, Washington, D.C. (T. Timothy Ryan, Jr., Sol., Cynthia L. Attwood, Acting Associate Sol., Michael A. McCord, Counsel, Appellate Litigation, and Nancy S. Hyde, Washington, D.C., on brief), for respondent Secretary of Labor.

Robert E. Wages, Denver, Colo., for respondent Oil, Chemical and Atomic Workers Intern. Union Local 2-24410.

Before BARRETT, McKAY and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

Climax Molybdenum Company seeks review of a decision of the Federal Mine Safety and Health Review Commission. The Commission affirmed an administrative law judge's dismissal of a safety citation review proceeding and denied Climax's request for a declaratory order confirming the adequacy of safety measures at the Climax mine. The Commission also denied Climax's request that the litigation expenses Climax had incurred be set off against future...

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