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SECRETARY OF LABOR v. MUTUAL MIN., INC.

Nos. 95-1130, 95-1212.

80 F.3d 110 (1996)

SECRETARY OF LABOR, on behalf of Cletis R. WAMSLEY, Robert A. Lewis, John B. Taylor, Clark D. Williamson, and Samuel Coyle, Petitioner, v. MUTUAL MINING, INCORPORATED; Federal Mine Safety and Health Review Commission, Respondents. MUTUAL MINING, INCORPORATED, Petitioner, v. SECRETARY OF LABOR, on behalf of Cletis R. WAMSLEY, Robert A. Lewis, John B. Taylor, Clark D. Williamson, and Samuel Coyle; Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Ellen Leslie Beard, United States Department of Labor, Washington, DC, for Petitioner. James Gerard Zissler, Jackson & Kelly, Washington, DC, for Respondents. ON BRIEF: Thomas S. Williamson, Jr., Solicitor of Labor, Steven J. Mandel, Deputy Associate Solicitor, United States Department of Labor, Washington, DC, for Petitioner. L. Anthony George, Jackson & Kelly, Denver, Colorado, for Respondent Mutual Mining.

Before WILKINSON, Chief Judge, and WIDENER and WILLIAMS, Circuit Judges.

Affirmed in part and reversed in part by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge WILLIAMS joined. Judge WIDENER wrote an opinion concurring in all but § III(B) of the majority opinion.

OPINION

WILKINSON, Chief Judge:

The Secretary of Labor, on behalf of five miners, and Mutual Mining, Inc. ("Mutual") both petition for review of an order of the Federal Mine Safety and Health Review Commission. Mutual...

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