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MUNSEY v. FEDERAL MINE SAFETY & HEALTH REVIEW COM'N

Nos. 82-1079, 82-1084.

701 F.2d 976 (1983)

Glen MUNSEY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent. SMITTY BAKER COAL COMPANY, INC. and Ralph Baker, Petitioners, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent, Glen Munsey, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 11, 1983.

Attorney(s) appearing for the Case

Steven B. Jacobson, Washington, D.C., for Glen Munsey, petitioner in No. 82-1079 and intervenor in No. 82-1084.

J. Edward Ingram, Knoxville, Tenn., for Smitty Baker Coal Co., Inc. et al., petitioners in No. 82-1084.

James A. Lastowka, Gen. Counsel, Federal Mine Safety and Health Review Com'n, Washington, D.C., was on the statement in lieu of brief for respondent. Palma R. Yanni, Atty., Federal Mine Safety and Health Review Com'n, Washington, D.C., entered an appearance for respondent.

Before WRIGHT and BORK, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the court PER CURIAM.

PER CURIAM:

This case has twice before been heard by this court. See Munsey v. Morton, 507 F.2d 1202 (D.C.Cir.1974); Munsey v. Federal Mine Safety & Health Review Comm'n, 595 F.2d 735 (D.C.Cir.1978). The opinions issued on those prior occasions fully set forth the factual background of this case...

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