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CHANEY CREEK COAL CORP. v. FMSHRC

Nos. 87-1494, 87-1500.

866 F.2d 1424 (1989)

CHANEY CREEK COAL CORPORATION and Dollar Branch Coal Corporation, Petitioners, v. FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION, Odell Maggard, and the Secretary of Labor, Mine Safety & Health Administration on Behalf of Odell Maggard, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1989.

Attorney(s) appearing for the Case

Thomas W. Miller, with whom Thomas C. Marks, Lexington, Ky., was on the brief, for petitioners Chaney Creek Coal Corp. and Dollar Branch Coal Corp.

Tony Oppegard, Hazard, Ky., for respondent Odell Maggard.

Colleen Geraghty, Attorney, Dept. of Labor, with whom George R. Salem, Sol., and Dennis D. Clark, Counsel, Appellate Litigation, Dept. of Labor, Washington, D.C., were on the brief, for respondent Secretary of Labor.

Ann Rosenthal and Linda Leasure, Attorneys, Dept. of Labor, Arlington, Va., also entered appearances for respondent Secretary of Labor.

L. Joseph Ferrara entered an appearance for respondent Federal Mine Safety and Health Review Commission.

Before EDWARDS and WILLIAMS, Circuit Judges, and REVERCOMB, District Judge.

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

HARRY T. EDWARDS, Circuit Judge:

This case involves cross-petitions for review of a decision of the Federal Mine Safety and Health Review Commission ("FMSHRC" or "Commission"). The Commission found that a miner, Odell Maggard, was fired by Chaney Creek Coal Corporation1 because of his refusal to perform work that he believed to be hazardous, and that this action by...

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