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

No. 81-3186.

704 F.2d 275 (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 April 5, 1983.

Attorney(s) appearing for the Case

R. Henry Moore (argued), Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburgh, 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, Civil Div., Washington, D.C., for respondents.

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

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

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

ENGEL, Circuit Judge.

This case comes to us on cross-petitions for review and enforcement of an order of the Federal Mine Safety and Health Review Commission ("the Commission") determining that W.B. Coal violated section 105 of the Federal Mine Health and Safety Act of 1977, 30 U.S.C. § 815 (Supp.1981) ("the Mine Act") by discharging an employee, Richard Neal, for answering questions of safety inspectors concerning alleged safety violations committed by the company...

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