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THUNDER BASIN COAL CO. v. FED. MINE SAF. AND HEAL. REV. COM.

No. 94-9563.

56 F.3d 1275 (1995)

THUNDER BASIN COAL COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; and Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 17, 1995.

Attorney(s) appearing for the Case

Thomas F. Linn of Atlantic Richfield Co., Denver, CO, Timothy M. Biddle, Thomas C. Means, and J. Michael Klise of Crowell and Moring, Washington, DC, for petitioner.

Thomas S. Williamson, Jr., Sol. of Labor, Edward P. Clair, Associate Sol., W. Christian Schumann, Counsel, Appellate Litigation, Colleen A. Geraghty, Atty., U.S. Dept. of Labor, Office of the Sol., Arlington, VA, for respondents.

Before EBEL and BARRETT, Circuit Judges, and KANE, District Judge.

KANE, District Judge.

Thunder Basin Coal Company (Thunder Basin) brings this petition for review of an order of the Federal Mine Safety and Health Review Commission (Commission) sustaining a citation issued to Thunder Basin arising from an alleged violation of the Federal Mine Safety and Health Act of 1977 (the Mine Act or the Act). Because we find that the Commission's order is based on a permissible construction of the statute, we affirm.1

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