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J. WALTER RESOURCES v. FED. MINE S.&H. REV. COM'N

No. 87-7484.

920 F.2d 738 (1990)

JIM WALTER RESOURCES, INC., Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and the Secretary of Labor, on Behalf of Michael L. Price and Joe John Vacha, and, Respondents, United Mine Workers of America, Intervenor.

United States Court of Appeals, Eleventh Circuit.

December 21, 1990.

Attorney(s) appearing for the Case

James P. Alexander, Robert K. Spotswood, John W. Hargrove, Bradley, Arant, Rose & White, Birmingham, Ala., for petitioner.

L. Joseph Ferrara, Federal Mine Safety & Health Review Com'n, Washington, D.C., for Federal Mine Safety, etc.

Barry F. Wisor, U.S. Dept. of Labor, Office of the Solicitor, Arlington, Va., for William E. Brock, etc.

Robert H. Stropp, Jr., Patrick K. Nakamura, Stropp & Nakamura, Birmingham, Ala., for United Mine Workers, et al.

Edward D. Sieger, Mary-Helen Mautner, U.S. Dept. of Labor, Washington, D.C., for Secretary of Labor.

Before KRAVITCH and CLARK, Circuit Judges.

PER CURIAM:

Section 105(c) of the Federal Mine Safety and Health Act of 1977 ("Act"), 30 U.S.C. § 815(c) (1988), prohibits operators of mines from discharging or otherwise discriminating against an employee who has filed a complaint alleging safety or health violations at a mining facility. If a miner believes that he has been discharged in violation of this section, he may file a complaint with the Secretary of Labor ("Secretary"), who is required to initiate...

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