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EMERY MIN. CORP. v. SECRETARY OF LABOR

No. 83-2017.

783 F.2d 155 (1986)

EMERY MINING CORPORATION, Petitioner/Appellant, v. SECRETARY OF LABOR, MINE SAFETY & HEALTH ADMINISTRATION ("MSHA"), and Federal Mine Safety and Health Review Commission, Respondents/Appellees, United Mine Workers of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

January 31, 1986.

Attorney(s) appearing for the Case

Thomas C. Means (Timothy M. Biddle with him on brief) of Crowell & Moring, Washington, D.C., for petitioner/appellant, Emery Min. Corp.

Cynthia L. Attwood (Francis X. Lilly, Deputy Solicitor of Labor, Michael A. McCord, Counsel, Appellate Litigation, and Linda L. Leasure, Atty., with her on brief), U.S. Dept. of Labor, Office of the Solicitor, Arlington, Va., for respondent/appellee, Secretary of Labor.

Earl R. Pfeffer, Washington, D.C., for intervenor, United Mine Workers of America.

Before BARRETT and MOORE, Circuit Judges, and THEIS, District Judge.

BARRETT, Circuit Judge.

Emery Mining Corporation (Emery) seeks review of an order of the Federal Safety and Health Review Commission (Commission) affirming the decision of an administrative law judge (ALJ) finding that Emery had violated the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (Act). This is a case of first impression.

Emery operates an underground coal mine in Emery County, Utah, and is an "operator" under the Act...

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