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SECRETARY OF LABOR v. CANNELTON INDUSTRIES

No. 88-1229.

867 F.2d 1432 (1989)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, on Behalf of John W. BUSHNELL, Petitioner, v. CANNELTON INDUSTRIES, INC., and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 14, 1989.

Attorney(s) appearing for the Case

Jeffrey A. Hennemuth, Attorney, U.S. Dept. of Labor, with whom George R. Salem, Allen H. Feldman, and Steven J. Mandel, Attorneys, U.S. Dept. of Labor, Washington, D.C., were on the brief, for petitioner.

Dennis D. Clark, Attorney, U.S. Dept. of Labor, Washington, D.C., also entered an appearance, for petitioner.

Larry W. Blalock, Charleston, W. Va., for respondents.

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

Before RUTH BADER GINSBURG and SILBERMAN, Circuit Judges, and GIBSON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

The Secretary of Labor and the Mine Safety and Health Administration (Secretary), on behalf of veteran coal miner John W. Bushnell, seeks review of a Federal Mine Safety and Health Review Commission (FMSHRC or Commission) decision rejecting the Secretary's conjoint interpretations of 30 C.F.R. § 90.103 and section 101(a) of the Federal Mine Safety and...

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