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L & J ENERGY CO., INC. v. SECRETARY OF LABOR

No. 94-1454.

57 F.3d 1086 (1995)

L & J ENERGY COMPANY, INC., Petitioner, v. SECRETARY OF LABOR, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 1995.

Attorney(s) appearing for the Case

Henry Chajet, Washington, DC, argued the cause and filed the briefs for petitioner.

Colleen A. Geraghty, Atty., Office of the Sol., U.S. Dept. of Labor, Washington, DC, argued the cause for respondent. With her on the brief was W. Christian Schumann, Washington, DC, Counsel. Susan E. Long, Counsel, Office of the Sol., and L. Joseph Ferrara, Counsel, Mine Safety and Health Review Comm'n, Washington, DC, entered appearances.

Before: HENDERSON, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

On February 5, 1991, two large rocks fell off the unexcavated face of the L & J Germantown Mine, injuring one miner and killing another. The Secretary of Labor conducted an investigation and filed a proposed penalty assessment against petitioner, L & J Energy Company, Inc., alleging violations of Federal Mine Safety and Health Administration regulations based...

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