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BROCK v. CATHEDRAL BLUFFS SHALE OIL CO.

No. 84-1492.

796 F.2d 533 (1986)

William E. BROCK, Secretary of Labor, Petitioner, v. CATHEDRAL BLUFFS SHALE OIL CO., et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 1986.

Attorney(s) appearing for the Case

Barry F. Wisor, Atty., Dept. of Labor, with whom Cynthia L. Attwood, Associate Solicitor, and Michael A. McCord, Counsel, Dept. of Labor, Washington, D.C., were on brief, for petitioner.

Charles Wayne Newcom, Denver, Colo., for respondent Cathedral Bluffs Shale Oil Co. James M. Day, Washington, D.C., was on brief, for respondent Cathedral Bluffs Shale Oil Co.

L. Joseph Ferrara, Washington, D.C., entered an appearance for respondent Federal Mine Safety and Health Review Com'n.

Before BORK and SCALIA, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Occidental Oil Shale, Inc. ("Occidental"), the co-owner and operating partner of the Cathedral Bluffs shale oil project, was issued a citation by the Secretary of Labor for a safety standard violation committed by an independent contractor working at its mine.1 In challenging the citation, Occidental did not dispute that under the governing statute it could...

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