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MILLER MIN. v. FED. MINE SAF. & HEALTH REV. COM'N

No. 82-7603.

713 F.2d 487 (1983)

MILLER MINING COMPANY, INC., Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, Mine Safety and Health Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1983.

Attorney(s) appearing for the Case

Debra L. Feuer, Arlington, Va., for respondents.

Michael Miller, Los Angeles, Cal., for petitioner.

Before GOODWIN and ANDERSON, Circuit Judges, and REAL, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Miller Mining Company, Inc. ("MMC") was cited by the Mine Safety and Health Administration ("MSHA") for violation of a withdrawal order issued under section 103(k) of the Federal Mine Safety and Health Act of 1977 ("Act"), 30 U.S.C. § 813(k) (Supp. V, 1981). MMC appeals the decision of the Federal Mine Safety and Health Review Commission ("Commission") upholding the citation. We affirm.

I. BACKGROUND

On August...

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