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SOUTH. OHIO COAL v. FED. MINE SAFETY & HEALTH REV.

No. 81-3007.

716 F.2d 1105 (1983)

SOUTHERN OHIO COAL COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent, Raymond J. Donovan, Secretary, United States Department of Labor, Local Union No. 1957, United Mine Workers of America, et al., Intervening Respondents.

United States Court of Appeals, Sixth Circuit.

Decided September 12, 1983.

Attorney(s) appearing for the Case

D. Michael Miller (argued), Alvin J. McKenna, Alexander, Ebinger, Fisher, McAlister & Lawrence, Columbus, Ohio, for petitioner.

Federal Mine Safety & Health Review Com'n, Anthony J. Steinmeyer, Al J. Daniel, Jr., Civ. Div., Dept. of Justice, Washington, D.C., for respondent.

Leslie J. Canfield (argued), U.S. Dept. of Labor, Arlington, Va., for intervening respondent Secretary of Labor.

William T. Fahey, Frank Cuomo, Jr., Barnes, Watson, Cuomo, Hinerman & Fahey, Weirton, W.Va., for intervening respondents Local Union 1957, David Biggs, Don Albert Hunter, Thurmond Adkins, Chester Young, Maynard Champe Ruler and Curtis Chaney.

Before ENGEL and KENNEDY, Circuit Judges, and ENSLEN, District Judge.

ENGEL, Circuit Judge.

The Southern Ohio Coal Company ("SOCCO") petitions for review of an order of the Federal Mine Safety and Health Review Commission ("the Commission") determining that SOCCO violated section 110 of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 820(b) (1976) (amended 30 U.S.C. § 815(c) (Supp. IV 1980)) ("the 1969 Act")1 when it refused to pay several miners for the remainder of their shift...

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