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PENNSYLVANIA ELEC. CO. v. FED. MINE S. & H. REV. COM'N

No. 90-3636.

969 F.2d 1501 (1992)

PENNSYLVANIA ELECTRIC COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Third Circuit.

Resubmitted on Petition Rehearing June 10, 1992.

Decided July 15, 1992.

Attorney(s) appearing for the Case

Timothy N. Atherton, Pennsylvania Elec. Co., Johnstown, Pa., John C. Proctor, Scott W. Clearwater, Joanne M. Scanlon, Winston & Strawn, Washington, DC, for petitioner.

Dennis D. Clark, Carl C. Charneski, U.S. Dept. of Labor, Office of the Sol., Arlington, Va., Robert P. Davis, Sol. of Labor, Allen H. Feldman, Associate Sol. for Special Appellate and Supreme Court Litigation, Steven J. Mandel, Deputy Associate Sol., Mark S. Flynn, Atty. U.S. Dept. of Labor, Washington, D.C., for respondent.

Donald B. Ayer, Stephen C. Yohay, Jones, Day, Reavis & Pogue, Washington, D.C., for amicus curiae Edison Elec. Institute.

Before: MANSMANN, NYGAARD and RONEY, Circuit Judges.

Resubmitted on Petition for Panel Rehearing June 10, 1992.

OPINION OF THE COURT

RONEY, Circuit Judge

This case questions which Government agency has jurisdiction over the safety practices in connection with handling and processing coal within an electric generating plant in Homer City, Pennsylvania. We affirmed a decision by the Federal Mine Safety and Health Review Commission upholding the issuance of...

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