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UTAH POWER & LIGHT v. SECRETARY OF LABOR

No. 90-9538.

951 F.2d 292 (1991)

UTAH POWER & LIGHT CO., MINING DIVISION, Petitioner, v. SECRETARY OF LABOR and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

December 27, 1991.

Attorney(s) appearing for the Case

Colleen A. Geraghty, Robert P. Davis, Sol. of Labor, Edward P. Clair, Associate Sol., Dennis D. Clark, Appellate Litigation, Div., Dept. of Labor, Washington, D.C., for respondents.

Thomas C. Means, Timothy M. Biddle, Susan E. Chetlin, of Crowell & Moring, Washington, D.C., for petitioner.

Before BALDOCK and McWILLIAMS, Circuit Judges, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

Petitioner Utah Power and Light Co. attacks the decision of the Federal Mine Safety and Health Review Commission in the Department of Labor1 determining that petitioner violated applicable requirements prohibiting accumulation of loose coal and coal dust in its Cottonwood Mine in Utah.2 We affirm.

In the Federal Coal Mine Health and Safety Act of December 30, 1969,

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