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LEECO, INC. v. HAYS

No. 91-1302.

965 F.2d 1081 (1992)

LEECO, INC., Petitioner, v. Ricky HAYS and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1992.

As Amended June 3, 1992.

Attorney(s) appearing for the Case

Timothy Joe Walker for petitioner Leeco, Inc. in No. 91-1302, and respondent Leeco, Inc. in No. 91-1276.

Tony Oppegard for respondent Ricky Hays in No. 91-1302, and petitioner Ricky Hays in No. 91-1276.

L. Joseph Ferrara entered an appearance for respondent Federal Mine Safety & Health Review Com'n in No. 91-1276.

Before WALD, STEPHEN F. WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

A mine operator violates federal law if it discharges a miner in retaliation for the miner's good faith refusal to perform work he reasonably believes to be unsafe. Congress deliberately chose to promote mine safety by protecting a miner's right to refuse unsafe work even though the operator's right to make personnel decisions is infringed thereby...

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