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LIGGETT IND. v. FED. MINE SAFETY & H. REV. COM'N

No. 89-9546.

923 F.2d 150 (1991)

LIGGETT INDUSTRIES, INC., Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent, Stenson Begay, Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

January 9, 1991.

Attorney(s) appearing for the Case

Charles L. Fine of O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A., Phoenix, Ariz., for petitioner.

Earl Mettler of Mettler & LeCuyer, P.C., Albuquerque, N.M., for Stenson Begay, real party in interest.

Before HOLLOWAY, Chief Judge, and McKAY and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a petition to review an order of the Federal Mine Safety and Health Review Commission filed pursuant to 30 U.S.C. § 816(a)(1). The Administrative Law Judge (ALJ) found that Stenson Begay, a certified welder, terminated his employment with Liggett Industries, Inc. (Liggett) because of a reasonable and good faith belief that his health and safety were endangered by the inadequate ventilation of welding fumes and noxious gases...

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