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STILLWATER MINING CO. v. FED. MINE SAFETY & HEALTH REVIEW COMMISSION

CA No. 96-70805.

142 F.3d 1179 (1998)

STILLWATER MINING COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, Mine Safety and Health Administration (MSHA), Respondents.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1998.

Attorney(s) appearing for the Case

James J. Gonzales, Denver, Colorado, for petitioner.

Yoora Kim, U.S. Dept. of Labor, Office of Solicitor, Arlington, Virginia, for respondent.

Before: BROWNING, SKOPIL, and O'SCANNLAIN, Circuit Judges.

SKOPIL, Senior Circuit Judge:

Stillwater Mining Company petitions for review of a final order issued by the Federal Mine Safety and Health Review Commission assessing a civil penalty on Stillwater for violating a general safety regulation prohibiting use of equipment beyond its design capacity. Stillwater contends that the regulation is impermissibly vague, application of the regulation is arbitrary and capricious, and there is not substantial evidence to support...

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