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INTERN. UNION, UMWA v. MINE SAFETY & HEALTH ADMIN.

Nos. 86-1239, 86-1327.

823 F.2d 608 (1987)

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Petitioner, v. MINE SAFETY AND HEALTH ADMINISTRATION, et al., Respondents, Kaiser Coal Corporation, Intervenor. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Petitioner, v. MINE SAFETY AND HEALTH ADMINISTRATION, et al., Respondents, Utah Power & Light Company, Mining Division, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1987.

As Amended July 10, 1987.

Attorney(s) appearing for the Case

Mary Lu Jordan, with whom Michael H. Holland, Washington, D.C., was on the brief for petitioner. Earl R. Pfeffer, Washington, D.C., also entered an appearance for petitioner.

Jerald S. Feingold, Atty., Dept. of Labor, with whom Ann Rosenthal, Counsel, Appellate Litigation, Dept. of Labor, Washington, D.C., was on the brief for respondent. Cynthia L. Attwood, Atty., Dept. of Labor, Washington, D.C., also entered an appearance for respondent.

Timothy M. Biddle for intervenor, with whom Paul W. Reidl was on the brief for intervenor, Kaiser Coal Corp. in No. 86-1239, and with whom Susan E. Chetlin, Washington, D.C., was on the brief for intervenor, Utah Power & Light Co. in No. 86-1327.

Before BORK, SILBERMAN and FRIEDMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

In each of these actions the petitioner, International Union, United Mine Workers of America ("UMWA"), challenges a decision of the Mine Safety and Health Administration ("MSHA") granting indefinite interim relief from operation of a mandatory safety standard pending a decision on a petition for modification of the safety standard. We find that the court has jurisdiction to review these...

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