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DONOVAN v. CAROLINA STALITE CO.

Nos. 82-1467, 82-1830.

734 F.2d 1547 (1984)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. CAROLINA STALITE COMPANY, Respondent. (Two cases.)

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 1984.

Attorney(s) appearing for the Case

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

William C. Kluttz, Jr., Salisbury, N.C., with whom Lewis P. Hamlin, Jr., Salisbury, N.C., was on brief, for respondent.

Before WRIGHT, EDWARDS and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

These actions arise from the Secretary of Labor's attempt to assess civil penalties against the Carolina Stalite Company for violations of the Federal Mine Safety and Health Act and the mandatory safety standards for sand, gravel, and crushed stone operations set forth in 30 C.F.R. Part 56 (1983). The Federal Mine Safety and Health Review Commission, reversing the administrative law judge...

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