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BLATTNER & SONS, INC. v. SECRETARY OF LABOR

No. 96-70877.

152 F.3d 1102 (1998)

D.H. BLATTNER & SONS, INC., Petitioner, v. SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1998.

Attorney(s) appearing for the Case

Jeffrey M. Hindoien, Gough, Shanahan, Johnson & Waterman, Helena, Montana, for petitioner.

Robin A. Rosenbluth, United States Department of Labor, Arlington, Virginia, for respondents.

Before: HUG, Chief Judge, REINHARDT, Circuit Judge, and REED, District Judge.

REINHARDT, Circuit Judge:

This petition presents the question whether, under the Mine Safety and Health Act of 1977 and its implementing regulations, independent contractors who operate, control, or supervise a mine are mine "operators" who must file "legal identity reports" with the Mine Safety and Health Administration. We hold that the Secretary of Labor's position that such independent contractors must file the reports...

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