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DONOVAN v. STAFFORD CONST. CO.

No. 83-1566.

732 F.2d 954 (1984)

Raymond J. DONOVAN, Secretary of Labor, on Behalf of Patricia ANDERSON, Petitioner, v. STAFFORD CONSTRUCTION COMPANY and Federal Mine Safety & Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 20, 1984.

Attorney(s) appearing for the Case

James A. Lastowka, Atty., Federal Mine Safety & Health Review Com'n, Washington, D.C., entered an appearance for respondent, Federal Mine Safety & Health Review Com'n.

Linda L. Leasure, Atty., Dept. of Labor, Washington, D.C., with whom Cynthia L. Attwood, Associate Sol., and Michael A. McCord, Counsel, Dept. of Labor, Washington, D.C., were on the brief, for petitioner.

Before WRIGHT, WILKEY and MIKVA, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The Secretary of Labor petitions this court for review of a Federal Mine Safety and Health Review Commission ("FMSHRC" or "Commission") decision holding that Stafford Construction Company did not act unlawfully when it discharged Patricia Anderson from her position as bookkeeper-secretary. Because the Commission's holding is premised on a faulty reading of the pertinent statute, and...

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