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INTERN. UNION, UNITED MINE WORKERS v. FMSHRC

No. 87-1136.

840 F.2d 77 (1988)

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 23, 1988.

Attorney(s) appearing for the Case

Mary Lu Jordan, with whom Michael H. Holland, Washington, D.C., was on the brief, for petitioner.

Robert M. Clark, Washington, D.C., for respondent Island Creek Coal Co.

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

Before ROBINSON and HARRY T. EDWARDS, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Section 111 of the Federal Mine Safety and Health Act of 1977 ("Act" or "Mine Act"), 30 U.S.C. § 821 (1982), provides for limited payment of lost wages by a mine "operator" to miners idled when the Secretary of Labor ("Secretary") orders a mine closed temporarily for safety reasons. The narrow issue of statutory construction presented by this case is whether...

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