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EMERALD MINES CO. v. FMSHRC

No. 87-1816.

863 F.2d 51 (1988)

EMERALD MINES CO., Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and the Secretary of Labor, Respondents, and United Mine Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 1988.

Attorney(s) appearing for the Case

R. Henry Moore, Pittsburgh, Pa., for petitioner.

Mark S. Flynn, Atty., Dept. of Labor, with whom George R. Salem, Solicitor, Allen H. Feldman, Associate Solicitor, and Charles I. Hadden, Deputy Associate Solicitor, Dept. of Labor, Washington, D.C., were on the brief for respondents.

Mary Lu Jordan, Washington, D.C., and Thomas M. Myers were on the brief for intervenor. Michael H. Holland, Washington, D.C., also entered an appearance for intervenor.

Before RUTH BADER GINSBURG, SILBERMAN and DOUGLAS H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

Petitioner Emerald Mines Company (Emerald) seeks review of a Federal Mine Safety and Health Review Commission (FMSHRC or Commission) decision interpreting section 104(d) of the Federal Mine Safety and Health Act of 1977 (Mine Act or 1977 Act). The Secretary of Labor (Secretary) issued a citation to Emerald under that section. Emerald challenges the citation...

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