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GILBERT v. FEDERAL MINE SAFETY & HEALTH REV. COM'N

No. 87-1499.

866 F.2d 1433 (1989)

John A. GILBERT, Petitioner, v. FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION and Sandy Fork Mining Co., Inc., and Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1989.

Attorney(s) appearing for the Case

Tony Oppegard, Hazard, Ky., with whom Stephen A. Sanders was on the brief, for petitioner.

Ronald E. Meisburg, with whom George R. Salem, Sol., Dept. of Labor, Dennis D. Clark, Counsel, Appellate Litigation, and Vicki J. Shteir-Dunn, Attorney, Dept. of Labor, Washington, D.C., were on the brief, for respondent Secretary of Labor.

Ann Rosenthal, Arlington, Va., and Colleen A. Geraghty also entered appearances for respondent Secretary of Labor.

Ronald E. Meisburg, Atty., Sandy Fork Mining Co., Inc., with whom Michael T. Heenan and William D. Florman, Washington, D.C., were on the brief, for respondent Sandy Fork Mining Co., Inc.

L. Joseph Ferrara, Attorney, Federal Mine Safety & Health Review Commission, also entered an appearance for respondents.

Before EDWARDS and WILLIAMS, Circuit Judges, and REVERCOMB, District Judge, United States District Court for the District of Columbia.

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

HARRY T. EDWARDS, Circuit Judge:

This case involves a petition for review of a decision of the Federal Mine Safety and Health Review Commission ("FMSHRC" or "Commission"). The petitioner, John Gilbert, a miner working for Sandy Fork Mining Company ("Sandy Fork"), claims that he was fired by Sandy Fork because of his refusal to perform work that he reasonably believed to be unsafe, and that this...

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