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UMWA, INTERN. UNION v. MSHA

No. 90-1403.

928 F.2d 1200 (1991)

UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION, Petitioner, v. MINE SAFETY AND HEALTH ADMINISTRATION, United States Department of Labor and William J. Tattersall, Assistant Secretary of Labor for Mine Safety and Health, United States Department of Labor, Respondents, Southern Ohio Coal Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 1991.

Attorney(s) appearing for the Case

Michael Dinnerstein, Washington, D.C., with whom Robert H. Stropp, Jr., Birmingham, Ala., was on the brief, for petitioner.

Jerald S. Feingold, Attorney, Dept. of Labor, with whom Dennis D. Clark, Washington, D.C., Counsel, Appellate Litigation, Dept. of Labor, was on the brief, for respondents.

W. Henry Lawrence, IV, with whom Brent O. Burton, Clarksburg, W.Va., was on the brief, for intervenor.

Before EDWARDS, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The petitioner, International Union, United Mine Workers of America ("UMWA" or "Union"), challenges an order of the respondent, Assistant Secretary of Labor for Mine Safety and Health ("Assistant Secretary"), exempting Southern Ohio Coal Company's "Martinka No. 1 Mine" from a regulation governing the flow of air through mines. This is another in a series of cases...

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