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WESTERN FUELS-UTAH, INC. v. FED. MINE SAFETY & HEALTH REVIEW COMMISSION

No. 88-1313.

870 F.2d 711 (1989)

WESTERN FUELS-UTAH, INC., Petitioner, v. FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION and the Secretary of Labor, Mine Safety & Health Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1989.

Attorney(s) appearing for the Case

Karl F. Anuta, Boulder, Colo., with whom Frederick L. Miller, Jr. and Jeffery N. Luthi were on the brief, for petitioner.

Linda L. Leasure, Atty., Dept. of Labor, with whom George R. Salem, Sol. of Labor, and Dennis D. Clark, Counsel, Dept. of Labor, were on the brief, for respondents. L. Joseph Ferrara, General Counsel, Federal Mine Safety & Health Review Com'n, Washington, D.C., also entered an appearance for respondents.

Before MIKVA and D.H. GINSBURG, Circuit Judges, and ROSENN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Petitioner Western Fuels-Utah petitions for review of an order issued by respondent Federal Mine Safety and Health Review Commission requiring Western to pay a penalty pursuant to the Federal Mine Safety and Health Act of 1977 (the Mine Act). We deny the petition for review.

I. FACTS

The facts are undisputed...

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