UNITED MINE WORKERS v. FED. MINE SAFETY & HEALTH

No. 84-1428.

768 F.2d 1477 (1985)

UNITED MINE WORKERS OF AMERICA, Petitioner, v. FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION, Respondent, Kitt Energy Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1985.


Attorney(s) appearing for the Case

Dennis D. Clark, Washington, D.C., with whom Michael H. Holland and Mary Lu Jordan, Washington, D.C., were on brief, for petitioner.

Linda L. Leasure, Atty. Dept. of Labor, Arlington, Va., with whom Cynthia L. Attwood, Associate Sol., Arlington, Va., and Michael A. McCord, Counsel, Dept. of Labor, Washington, D.C., were on brief, for amicus curiae, Dept. of Labor, urging reversal.

Bronius K. Taoras, Meadow Lands, Pa., for intervenor.

James A. Lastowka, Washington, D.C., entered an appearance for respondent Federal Mine Safety & Health Review Comn.

Before ROBINSON, Chief Judge, GINSBURG, Circuit Judge, and WEIGEL, Senior District Judge.


Opinion for the Court filed by Senior District Judge WEIGEL.

WEIGEL, Senior District Judge:

This case arises from a citation issued by a Mine Safety and Health Administration (MSHA) inspector on December 1, 1982, to Kitt Energy Corporation (Kitt) at its Kitt No. 1 Mine, a large underground coal mine located in Barbour County, West Virginia. Issued pursuant to Section 104(d)(1) of the Federal Mine Safety and Health Act of 1977 (the Act), 30 U.S.C. § 814...

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