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SOC. OF PRO. JOURNALISTS v. SECRETARY OF LABOR

No. 86-1753.

832 F.2d 1180 (1987)

SOCIETY OF PROFESSIONAL JOURNALISTS, et al., a Utah non-profit corporation, Plaintiffs-Appellees, v. The SECRETARY OF LABOR, Defendant-Appellant. EMERY MINING CORPORATION, a Utah corporation, Plaintiff-Appellee, v. The UNITED STATES SECRETARY OF LABOR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 30, 1987.

Attorney(s) appearing for the Case

Douglas Letter, Appellate Litigation Counsel, Appellate Staff, Civil Div., Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., and Brent D. Ward, U.S. Atty., with him on the brief), Washington, D.C., for the Secretary of Labor, defendant-appellant.

Patrick A. Shea (Alan L. Sullivan, Samuel O. Gaufin, and David L. Deisley of Van Cott, Bagley, Cornwall & McCarthy, with him on the brief), Salt Lake City, Utah, for Society of Professional Journalists, plaintiff-appellee.

Timothy M. Biddle, Thomas C. Means, and Peter K. Levine of Crowell & Moring, Washington, D.C., of counsel: James T. Jensen, Jensen Law Offices, Price, Utah, on the brief as attys. for Emery Min. Corp.

Before SEYMOUR, MOORE, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

On December 19, 1984, a fire started inside the Wilberg Mine near Price, Utah. Twenty-seven miners were trapped in the mine and ultimately perished. Immediately after the fire began, representatives of the Mine Safety & Health Administration (MSHA), a part of the Department of Labor, arrived at the mine site and monitored the unsuccessful rescue efforts.

Pursuant to statute, MSHA also began an investigation into the cause of...

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