NATIONAL CEMENT CO. v. FMSHRC

No. 93-6557.

27 F.3d 526 (1994)

NATIONAL CEMENT COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent. Ronny Boswell, Intervenor.

United States Court of Appeals, Eleventh Circuit.

August 3, 1994.


Attorney(s) appearing for the Case

Thomas F. Campbell, Harry L. Hopkins, Lange, Simpson, Robinson & Somerville, Birmingham, AL, for appellant.

L. Joseph Ferrara, Federal Mine Safety & Health Review Com'n, Washington, DC, Patrick K. Nakamura, Longshore, Nakamura & Quinn, Birmingham, AL, for Ronny Boswell, intervener.

Before DUBINA, Circuit Judge, CLARK and ESCHBACH, Senior Circuit Judges.


DUBINA, Circuit Judge:

This case involves a petition for review of a decision of the Federal Mine Safety and Health Review Commission ("FMSHRC" or "Commission"). The petitioner, National Cement Company ("National Cement"), appeals from an adverse decision by the Commission finding that National Cement unlawfully disqualified employee Ronny Boswell ("Boswell") in violation of section 105(c) of the Mine Act, 30 U.S.C. § 815(c). The Commission found that Boswell...

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