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COUNCIL OF SOUTHERN MOUNTAINS v. FED. MINE SAFETY

No. 84-1092.

751 F.2d 1418 (1985)

COUNCIL OF the SOUTHERN MOUNTAINS, INC., Petitioner, v. FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 1985.

Attorney(s) appearing for the Case

L. Thomas Galloway, Washington, D.C., for petitioner.

Jack W. Burtch, Jr., Richmond, Va., for respondents, Martin County Coal Corp. James A. Lastowka and L. Joseph Ferrara, Washington, D.C., entered appearances for respondent, Federal Mine Safety & Health Review Com'n.

Before WALD, EDWARDS and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case presents the question whether a mine operator violates section 105(c)(1) of the Federal Mine Safety and Health Act of 1977 ("Mine Act" or the "Act") when it refuses to allow nonemployee representatives of coal miners to monitor safety training programs on mine property. Section 105(c)(1) prohibits mine operators...

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