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ASARCO, INC.-NORTHWESTERN MIN. DEPT. v. F.M.S.H.R.C.

No. 86-2765.

868 F.2d 1195 (1989)

ASARCO, INC.-NORTHWESTERN MINING DEPARTMENT, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, and Secretary of Labor, Mine Safety and Health Administration, Respondents, and American Mining Congress, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 3, 1989.

Attorney(s) appearing for the Case

Earl K. Madsen (K. Preston Oade, Jr. with him, on the briefs), of Bradley, Campbell & Carney, Golden, Colo., for petitioner.

Jerald S. Feingold (George R. Salem, Sol. of Labor, Edward P. Clair, Acting Associate Sol., and Ann Rosenthal, Counsel, Appellate Litigation, with him, on the brief), U.S. Dept. of Labor, Office of the Sol., Arlington, Va., for Secretary of Labor, respondents.

Charles W. Newcom of Sherman & Howard, Denver, Colo., and Edward M. Green and Henry Chajet, Washington, D.C., for amicus curiae American Mining Congress.

Before HOLLOWAY, Chief Judge, BRIGHT, Eighth Circuit Judge, and McWILLIAMS, Circuit Judge.

McWILLIAMS, Circuit Judge.

Asarco, Inc. — Northwestern Mining Department, a corporation, is the operator of the Black Cloud Mine near Leadville, Colorado. Black Cloud is an underground metal mine which primarily produces lead and zinc concentrates and also produces minor amounts of gold, silver, cadmium, and copper.

Alan Lysne, a miner employed by Asarco, sustained a broken foot when struck by falling rock...

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