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UNITED ENERGY SERVICES v. MSHA

No. 93-2520.

35 F.3d 971 (1994)

UNITED ENERGY SERVICES, INCORPORATED, Petitioner, v. FEDERAL MINE SAFETY & HEALTH ADMINISTRATION; Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1994.

Attorney(s) appearing for the Case

ARGUED: Ricklin Brown, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for petitioner. Elizabeth Hopkins, U.S. Dept. of Labor, Washington, DC, for respondents. ON BRIEF: Monica K. Schwartz, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for petitioner. Thomas S. Williamson, Jr., Sol. of Labor, Allen H. Feldman, Associate Sol., for Sp. Appellate and Supreme Court Litigation, Steven J. Mandel, Deputy Associate Sol., U.S. Dept. of Labor, Washington, DC, for respondents.

Before MURNAGHAN, Circuit Judge, PHILLIPS, Senior Circuit Judge, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Senior Circuit Judge PHILLIPS wrote the opinion, in which Judge MURNAGHAN and Judge HILTON joined.

OPINION

PHILLIPS, Senior Circuit Judge:

This petition for review requires us to examine the regulatory jurisdiction of the Federal Mine Safety and Health Administration (MSHA) under the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. §§ 801 et seq., in relation to the regulatory jurisdiction...

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