FREEMAN UNITED COAL MIN. v. FEDERAL MINE SAFETY

Nos. 96-1185, 96-1186.

108 F.3d 358 (1997)

FREEMAN UNITED COAL 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 March 11, 1997.


Attorney(s) appearing for the Case

Richard R. Elledge, Chicago, IL, argued the cause, and filed the briefs, for petitioner Freeman United Coal Mining Company.

Timothy M. Biddle, argued the cause, for petitioners Neal Merrifield and James Yancik, with whom Thomas C. Means, Washington, DC, was on the briefs.

Robin A. Rosenbluth, Attorney, U.S. Department of Labor, argued the cause, for respondents, with whom J. Davitt McAteer, Acting Solicitor of Labor, and W. Christian Schumann, Counsel, were on the brief. Norman M. Gleichman, Washington, DC, Federal Mine Safety and Health Review Commission, entered an appearance.

Peter Buscemi and Robert A. Dufek, Washington, DC, were on the brief, for amicus curiae Bituminous Coal Operator's Association, Inc.

Before: EDWARDS, Chief Judge, WALD and SENTELLE, Circuit Judges.


Opinion for the Court filed by Chief Judge EDWARDS.

Opinion dissenting in part filed by Circuit Judge WALD.

HARRY T. EDWARDS, Chief Judge:

This case arose when four employees were injured following the collapse of a section of cement walkway in a coal preparation plant owned by petitioner Freeman United Coal Mining Company ("Freeman"). The collapse resulted from severe corrosion of the steel beams supporting the walkway. An Administrative Law Judge...

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