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THUNDER BASIN COAL CO. v. MARTIN

No. 91-8029.

969 F.2d 970 (1992)

THUNDER BASIN COAL COMPANY, Plaintiff-Appellee, v. Lynn MARTIN, as Secretary, United States Department of Labor; United States Department of Labor, William J. Tattersall, as Assistant Secretary of Labor for Mine Safety & Health; William Holgate, as District Manager Coal Mine Safety and Health, District 9, Mine Safety and Health Administration, and Mine Safety and Health Administration of the United States Department of Labor, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 20, 1992.

Attorney(s) appearing for the Case

Colleen A. Geraghty, Atty. (David S. Fortney, Deputy Sol. of Labor; Edward P. Clair, Associate Sol., W. Christian Schumann, Counsel, Appellate Litigation, with her on the briefs), U.S. Dept. of Labor, Arlington, Va., for defendants-appellants.

Charles W. Newcom of Sherman & Howard, Denver, Colo. (Thomas F. Linn of Atlantic Richfield Co., with him on the brief), for plaintiff-appellee.

Before LOGAN and TACHA, Circuit Judges, and COOK, District Judge.

LOGAN, Circuit Judge.

Defendants-appellants, including the United States Secretary of Labor and Mine Safety and Health Administration (MSHA), seek to overturn a preliminary injunction granted by the district court enjoining the Secretary of Labor from enforcing 30 C.F.R. pt. 40 against plaintiff-appellee Thunder Basin Coal Company (Thunder Basin). Although the parties discuss several issues concerning the propriety of the district court's grant of the preliminary...

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