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JOY TECHNOLOGIES, INC. v. SECRETARY OF LABOR

No. 95-9540.

99 F.3d 991 (1996)

JOY TECHNOLOGIES, INC., Coal Field Operations, Petitioner, v. SECRETARY OF LABOR, Mine Safety and Health Administration, Respondents.

United States Court of Appeals, Tenth Circuit.

November 5, 1996.

Attorney(s) appearing for the Case

W. Scott Railton (Christopher L. Killion and Marjorie P. Alloy with him on the brief), Reed, Smith, Shaw & McClay, McLean, VA, for Petitioner.

Robin A. Rosenbluth, Attorney (Thomas S. Williamson, Jr., Solicitor of Labor, Edward P. Clair, Associate Solicitor, and W. Christian Schumann, Counsel, Appellate Litigation, with her on the brief), U.S. Department of Labor, Office of the Solicitor, Arlington, VA, for Respondents.

Before PORFILIO, TACHA and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

In this petition for review, we must examine the regulatory jurisdiction of the Mine Safety and Health Administration (MSHA) under the Federal Mine Safety and Health Act of 1977 (Mine Act), codified as amended at 30 U.S.C. §§ 801-962. Joy Technologies, Inc., (Joy) manufactures and sells mining equipment and sends service representatives onto mine property in connection with the sale of its products. In enforcing a safety regulation...

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