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RHONE-POULENC OF WYO. v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

No. 94-9521.

57 F.3d 982 (1995)

RHONE-POULENC OF WYOMING COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Mine Safety and Health Administration, Respondents.

United States Court of Appeals, Tenth Circuit.

June 14, 1995.

Attorney(s) appearing for the Case

Daniel A. Jensen of Kimball, Parr, Waddoups, Brown & Gee, Salt Lake City, UT, for petitioner.

Colleen A. Geraghty, Attorney, U.S. Dept. of Labor, Arlington, VA (Thomas S. Williamson, Jr., Sol. of Labor, Edward P. Clair, Associate Sol., and W. Christian Schumann, Appellate Litigation Counsel, with her on the brief), for respondents.

Before ANDERSON, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BROWN, District Judge.

WESLEY E. BROWN, District Judge.

Petitioner seeks review of a final order of the Federal Mine Safety and Health Review Commission. The Commission found that the Secretary of Labor had established "adequate cause" for filing a proposed civil penalty against petitioner beyond the time permitted under the Commission's rules. Based on this finding, the Commission reversed a decision of an administrative law judge ("ALJ") granting petitioner's motion to dismiss the proposed...

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