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BUCK CREEK COAL v. FEDERAL MINE SAF. & HLTH. ADMIN.

No. 94-2084.

52 F.3d 133 (1995)

BUCK CREEK COAL, INCORPORATED, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH ADMINISTRATION, and Robert Reich, Secretary of the United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided March 28, 1995.

Motion to Amend Granted in Part, Denied in Part; Opinion Modified April 20, 1995.

Attorney(s) appearing for the Case

Patrick A. Shoulders (argued), Robert L. Burkart, and Steven K. Hahn, Ziemer, Stayman, Weitzel & Shoulders, Evansville, IN, for petitioner.

Lisa A. Gray, Dept. of Labor, Chicago, IL, Paul Merlin, Federal Mine Safety & Health Review Com'n., Office of Administrative Law Judges, Falls Church, VA, and W. Christian Schumann, Susan E. Long (argued), U.S. Dept. of Labor, Mine Safety and Health Admin., Arlington, VA, for respondents.

Before COFFIN, CUDAHY and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

On March 31, 1993, a Mine Safety and Health Administration ("MSHA") inspector cited Buck Creek Coal, Inc. after finding a potentially hazardous coal dust accumulation in one of its mines in violation of federal safety regulations. After hearing evidence from both sides, an administrative law judge entered judgment against Buck Creek. The Federal Mine Safety and Health Review Commission denied Buck Creek's petition for discretionary...

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