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BROCK ON BEHALF OF PARKER v. METRIC CONSTRUCTORS, INC.

No. 84-3427.

766 F.2d 469 (1985)

William E. BROCK, Secretary of Labor, on Behalf of James W. PARKER and Joe E. Brown, Petitioner Cross-Respondent, v. METRIC CONSTRUCTORS, INC., Respondent Cross-Petitioner.

United States Court of Appeals, Eleventh Circuit.

July 23, 1985.

Attorney(s) appearing for the Case

J. Dickson Phillips, III, Charlotte, N.C., for respondent cross-petitioner.

Barry F. Wisor, U.S. Dept. of Labor, Arlington, Va., for petitioner cross-respondent.

L. Joseph Ferrara, Gen. Counsel, Federal Mine Safety and Health Review Comm'n, Washington, D.C., for respondent.

Before FAY and ANDERSON, Circuit Judges, and GIBSON, Senior Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge:

Both parties appeal an order of the Federal Mine Safety and Health Review Commission ("Commission") determining that defendant Metric Constructors, Inc. ("Metric") violated section 105(c)(1) of the Federal Mine Health and Safety Act of 1977, 30 U.S.C. § 815(c)(1) (1982) ("the Mine Act") by discharging a group of workers ("Complainants"), who refused to work under what they determined to be hazardous conditions. Metric disputes...

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