INTERN. UNION v. MINE SAFETY & HEALTH ADMIN.

Attorney(s) appearing for the Case

Earl R. Pfeffer, with whom Michael H. Holland and Mary Lu Jordan, Washington, D.C., were on the brief, for petitioner.

Linda L. Leasure, Dept. of Labor, with whom Cynthia Atwood, Associate Sol., Dept. of Labor, Ann Rosenthal, Counsel, Appellate Litigation and Mary Griffin, Dept. of Labor, Washington, D.C., were on the brief, for respondents.

R. Henry Moore, for intervenor.

Timothy M. Biddle, Washington, D.C., was on the brief, for amici curiae, Emery Mining Corp., et al., urging affirmance of the Secretary of Labor's decision.

Before EDWARDS and BORK, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.