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

No. 81-3186.

719 F.2d 194 (1983)

Wayne BOICH, d/b/a W.B. Coal Company, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, and Richard W. Neal, Jr., Respondents, and Raymond J. Donovan, Secretary of Labor, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided October 14, 1983.

Attorney(s) appearing for the Case

R. Henry Moore argued, Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburg, Pa., for petitioner.

Dennis D. Clark, James A. Lastowka, Federal Mine Safety and Health Review Com'n, Washington, D.C., Thomas A. Mascolino, U.S. Dept. of Labor, Arlington, Va., Morton Hollander, Chief, U.S. Dept. of Justice, Appellate Section, Civ. Div., Washington, D.C., for respondent Federal Mine Safety and Health Review Com'n.

Ann S. Rosenthal, Michael A. McCord, U.S. Dept. of Labor, Arlington, Va., for intervenor on behalf of respondent.

Stanley G. Burech, argued, St. Clairsville, Ohio, for respondent Neal.

Before ENGEL and CONTIE, Circuit Judges, and TAYLOR, District Judge.

ENGEL, Circuit Judge.

In our earlier decision in these proceedings, Boich v. Federal Mine Safety & Health Review Commission, 704 F.2d 275 (6th Cir.1983), decided April 5, 1983, we applied to proceedings before the Federal Mine Safety and Health Commission the rationale of the First, Second, and Third Circuits' rejection in part of the so-called "Wright Line" test adopted by the National Labor Relations Board in Wright...

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