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EMERY MIN. CORP. v. SECRETARY OF LABOR

No. 83-2046.

744 F.2d 1411 (1984)

EMERY MINING CORPORATION, Petitioner, v. SECRETARY OF LABOR, Mine Safety and Health Administration ("MSHA") and Federal Mine Safety and Health Review Commission, Respondents, and United Mine Workers of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

September 26, 1984.

Attorney(s) appearing for the Case

Timothy M. Biddle, Thomas C. Means, and Adrienne J. Davis of Crowell & Moring, Washington, D.C., for petitioner.

Francis X. Lilly, Deputy Sol. of Labor, Cynthia L. Attwood, Associate Sol., Michael A. McCord, Counsel, Appellate Litigation, Washington, D.C., Linda L. Leasure, Atty., U.S. Dept. of Labor, Mine Safety and Health Dept., Arlington, Va., for Secretary of Labor.

Michael H. Holland, Mary Lucille Jordan, and Dennis D. Clark, Washington, D.C., for intervenor.

Before SETH, BREITENSTEIN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

Emery Mining Corporation petitions this court for review of an order by the Federal Mine Safety and Health Review Commission...

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