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ENERGY WEST v. FEDERAL MINE SAFETY & HEALTH

No. 96-1243.

111 F.3d 900 (1997)

ENERGY WEST MINING COMPANY, Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1997.

Attorney(s) appearing for the Case

Timothy M. Biddle, Washington, DC, argued the cause for the petitioner. Thomas C. Means was on brief.

Yoora Kim, Attorney, United States Department of Labor, argued the cause for the respondents. J. Davitt McAteer, Acting Solicitor of Labor, and W. Christian Schumann, Counsel, United States Department of Labor, were on brief. Norman M. Gleichman, General Counsel, Mine Safety and Health Review Commission, entered an appearance.

Before EDWARDS, Chief Judge, and HENDERSON and ROGERS, Circuit Judges.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Petitioner Energy West Mining Co. (Energy West) seeks review of a decision of the Federal Mine Safety and Health Review Commission (FMSHRC or Commission) affirming the decision of the Administrative Law Judge (ALJ) to uphold a withdrawal order issued to Energy West under section 104(b) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 814(b), for failure to abate a previously cited violation of 30...

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