SIMPSON v. FEDERAL MINE SAFETY & HEALTH REV. COM'N

Attorney(s) appearing for the Case

Tony Oppegard, with whom Stephen A. Sanders was on the brief, for petitioner.

David T. Smorodin, with whom Peter A. Greene and Steven D. Cundra, Washington, D.C., were on the brief for respondent, Roy Dan Jackson.

L. Joseph Ferrara, Atty., Federal Mine Safety and Health Review Com'n, Washington, D.C., entered an appearance, for respondent, Federal Mine Safety and Health Review Com'n.

Ann Rosenthal, Counsel, Appellate Litigation, and Vicki P. Shteir-Dunn, Atty., Dept. of Labor, Washington, D.C., were on the brief for amicus curiae, Secretary of Labor, urging reversal of the Federal Mine Safety and Health Review Com'n decision.

Before RUTH BADER GINSBURG and WILLIAMS, Circuit Judges, and McGOWAN, Senior Circuit Judge.