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RNS SERVICES, INC. v. SECRETARY OF LABOR

No. 96-3245.

115 F.3d 182 (1997)

RNS SERVICES, INC., Petitioner, v. SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided May 29, 1997.

Attorney(s) appearing for the Case

R. Henry Moore (Argued), Heather A. Wyman, Buchanan Ingersoll Professional Corp., Pittsburgh, PA, for Petitioner RNS Services, Inc.

Colleen A. Geraghty, Jerald S. Feingold (Argued), United States Department of Labor, Office of the Solicitor, Arlington, VA, for Respondent Secretary of Labor, Mine Safety and Health Administration (MSHA).

BEFORE: GREENBERG, COWEN and ALITO, Circuit Judges

OPINION OF THE COURT

COWEN, Circuit Judge.

RNS Services, Inc. ("RNS") petitions for review of an order of the Federal Mine Safety and Health Review Commission ("the Commission"). While not contesting the merits of the Commission's decision, RNS claims that the Federal Mine Safety and Health Administration ("MSHA") lacks jurisdiction over its No. 15 Refuse Pile ("the Site") in Barr Township, Pennsylvania. In order for jurisdiction to be present, the governing...

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