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TERCO, INC. v. FED. COAL MINE SAFETY & H. REVIEW

Nos. 87-3391, 87-3572.

839 F.2d 236 (1987)

TERCO, INC.; Sugartree Corporation; and Randal Lawson, Petitioners, Cross-Respondents, v. FEDERAL COAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, Respondents, Cross-Petitioners.

United States Court of Appeals, Sixth Circuit.

December 8, 1987.

Attorney(s) appearing for the Case

Carlos R. Morris (argued), Morris & Morris, Barbourville, Ky., for petitioners, cross-respondents.

L. Joseph Ferrara, Gen. Counsel, Fed. Mine Safety & Health Review Com'n, Washington, D.C., Ann Rosenthal, Vicki J. Shteir-Dunn (argued), Mary Griffen, Office of the Sol., U.S. Dept. of Labor, Arlington, Va., Morton Hollander, Appellate Sec. Civ. Div., U.S. Dept. of Justice, Washington, D.C., for respondents, cross-petitioners.

Before GUY, NELSON, and BOGGS, Circuit Judges.

PER CURIAM.

Petitioner, Terco, Inc., appeals from a final decision of the Federal Mine Safety and Health Review Commission (Commission).1 The Secretary of Labor has filed a cross-petition seeking enforcement of the Commission's order.

This litigation originally arose under section 105(c) of the Federal Mine Safety and Health Act of 1977 (the Mine Act), 30 U.S.C. § 815(c). The Mine Act was created to provide additional safety...

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