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OLD DOMINION POWER CO. v. DONOVAN

No. 84-1942.

772 F.2d 92 (1985)

OLD DOMINION POWER COMPANY, Petitioner, v. Raymond DONOVAN, Secretary of Labor and the Federal Mine Safety and Health Administration and the Federal Mine Safety and Health Review Commission, Respondents. Edison Electric Institute, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1985.

Attorney(s) appearing for the Case

Walter L. Sales, Louisville, Ky. (Thomas V. Kennedy, Ogden, Robertson & Marshall, Louisville, Ky., on brief), for petitioner.

Stephen C. Yohay (Douglas S. McDowell; McGuiness & Williams, Washington, D.C., on brief), for amicus curiae.

Vicki J. Shteir-Dunn (Francis X. Lilly, Sol. of Labor, Cynthia L. Attwood, Associate Sol., Michael A. McCord, Appellate Litigation, Washington, D.C., on brief), for respondents.

Before HALL and CHAPMAN, Circuit Judges, and KNAPP, Senior United States District Judge, Southern District of West Virginia, sitting by designation.

K.K. HALL, Circuit Judge:

Old Dominion Power Company ("Old Dominion") petitions this Court to review and set aside the final decision of the Federal Mine Safety and Health Review Commission (the "Commission"), holding: (1) that Old Dominion was an independent contractor and an "operator" within the meaning of the Federal Coal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 801 et seq. (the "Mine Act"); (2) that Old Dominion breached Mine Safety and...

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