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SECRETARY OF LABOR, ON BEHALF OF KEENE v. MULLINS

No. 88-1765.

888 F.2d 1448 (1989)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, on Behalf of Bobby G. KEENE, Petitioner v. Tolbert P. MULLINS, Prestige Coal Company, Inc., and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 1989.

Attorney(s) appearing for the Case

Jerald S. Feingold, Atty., Dept. of Labor, with whom Dennis D. Clark, Counsel, Dept. of Labor, was on the brief, for petitioner. George R. Salem, Atty., Dept. of Labor, also entered an appearance, for petitioner.

Daniel R. Bieger, was on the brief for respondents, Tolbert P. Mulins and Prestige Coal Co., Inc.

L. Joseph Ferrara, Gen. Counsel, Federal Mine Safety and Health Review Com'n, also entered an appearance, for respondent, Federal Mine Safety and Health Review Com'n.

Before WALD, Chief Judge, and BUCKLEY and SENTELLE, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

The Secretary of Labor, Mine Safety and Health Administration ("MSHA" or "Secretary"), on behalf of Bobby G. Keene, petitions for review of two of three holdings in a decision by the Mine Safety and Health Review Commission ("MSHRC" or "Commission").1 First, the Secretary seeks review of the Commission's holding that since S & M had already been found liable...

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