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OTIS ELEVATOR CO. v. SECRETARY OF LABOR

Nos. 89-1712, 89-1713.

921 F.2d 1285 (1990)

OTIS ELEVATOR COMPANY v. SECRETARY OF LABOR and Federal Mine Safety and Health Review Commission.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 1990.

Attorney(s) appearing for the Case

W. Scott Railton, Pittsburgh, Pa., for petitioner in Nos. 89-1712 and 89-1713.

Elizabeth Hopkins, Atty., Dept. of Labor, with whom Allen H. Feldman, Associate Sol., and Steven J. Mandel, Deputy Associate Sol., Dept. of Labor, were on the brief for respondents, in Nos. 89-1712 and 89-1713. Colleen A. Geraghty, Dept. of Labor, and L. Joseph Ferrera, Federal Mine Safety and Health Review Com'n, also entered appearances for respondents.

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

Opinion for the Court filed by Circuit Judge CLARENCE THOMAS.

CLARENCE THOMAS, Circuit Judge:

Otis Elevator Company contracts with mining companies to provide periodic service to elevators that carry the companies' employees into the mines. Section 3(d) of the Federal Mine Safety and Health Act defines a mine "operator" as

any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing...

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