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SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION v. WESTERN FUELS-UTAH, INC.

No. 89-1258.

900 F.2d 318 (1990)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, Petitioner, v. WESTERN FUELS-UTAH, INC., and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 1990.

Attorney(s) appearing for the Case

Jerald S. Feingold, Atty., Dept. of Labor, for petitioner. Dennis D. Clark, Atty., Dept. of Labor, Washington, D.C., also entered an appearance for petitioner.

Karl F. Anuta, Boulder, Colo., for respondent, Western Fuels-Utah, Inc.

L. Joseph Ferrara, Atty., Federal Mine Safety and Health Review Com'n, entered an appearance, for respondents, Federal Mine Safety and Health Review Com'n.

Before WALD, Chief Judge, and MIKVA and EDWARDS, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

Dissenting opinion filed by Circuit Judge HARRY T. EDWARDS.

WALD, Chief Judge:

The Secretary of Labor, Mine Safety and Health Administration ("Secretary") petitions for review of a Federal Mine Safety and Health Review Commission ("FMSHRC" or "Commission") decision vacating an order and citation issued to Western Fuels-Utah, Inc. ("Western Fuels") for failure to task train one of its foremen in the operation...

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