William E. BROCK, Secretary of Labor on Behalf of Thomas L. WILLIAMS, Petitioner,
v.
PEABODY COAL COMPANY and Federal Mine Safety and Health Review Commission, Respondents.
Chapman MERRELL, Petitioner,
v.
PEABODY COAL COMPANY and Federal Mine Safety and Health Review Commission, Respondents.
UNITED MINE WORKERS OF AMERICA on Behalf of James ROWE, et al., Petitioners,
v.
PEABODY COAL COMPANY, et al., Respondents.
William E. BROCK, Secretary of Labor, on Behalf of I.B. ACTON et al., Petitioners,
v.
JIM WALTER RESOURCES, INC., and Federal Mine Safety and Health Review Commission, Respondents.
UNITED MINE WORKERS OF AMERICA, Petitioner,
v.
JIM WALTER RESOURCES, INC., and Federal Mine Safety and Health Review Commission, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 20, 1987.
Decided July 7, 1987.
Attorney(s) appearing for the Case
David M. Smith, with whom Fournier J. Gale III, Birmingham, Ala., was on the brief for respondent, Jim Walter Resources, Inc., in Nos. 86-1002 and 86-1027.
Thomas C. Means, with whom Timothy M. Biddle, Edward M. Green, Henry Chajet and Michael F. Duffy, Washington, D.C., were on the brief for amicus curiae, American Min. Congress, et al.
L. Joseph Ferrara, Washington, D.C., entered an appearance for Federal Mine Safety and Health Review Com'n.
Linda L. Leasure, Atty., Dept. of Labor, with whom Cynthia L. Attwood, Associate Sol., and Ann Rosenthal, Counsel, Appellate Litigation, Dept. of Labor, Arlington, Va., were on the brief for petitioner, William E. Brock, Secretary of Labor, in Nos. 85-1714 and 86-1002.
Mary Lu Jordan, with whom Michael H. Holland, Washington, D.C., was on the brief for petitioner, United Mine Workers of America, et al., in Nos. 85-1716, and 85-1717 and 86-1027.
Michael O. McKown, with whom Michael A. Kafoury, St. Louis, Mo., was on the brief for respondent, Peabody Coal Co., in Nos. 85-1714, 85-1716 and 85-1717.
Before RUTH BADER GINSBURG, BUCKLEY and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge D.H. GINSBURG.
Concurring opinion filed by Circuit Judge RUTH BADER GINSBURG.
D.H. GINSBURG, Circuit Judge:
The Secretary of Labor (Secretary) seeks review of two orders of the Federal Mine Safety and Health Review Commission (Commission). See Secretary of Labor ex rel. Acton and UMWA v. Jim Walter Resources, 7 FMSHRC 1348 (September 1985); United Mine Workers of America ex rel. Rowe v. Peabody...
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