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NATIONAL MIN. ASS'N v. SECRETARY OF LABOR

No. 98-6159.

153 F.3d 1264 (1998)

NATIONAL MINING ASSOCIATION, Alabama Coal Association, Petitioners, v. SECRETARY OF LABOR, United States Department of Labor, et al., Respondents.

United States Court of Appeals, Eleventh Circuit.

September 4, 1998.

Attorney(s) appearing for the Case

Michael F. Duffy, National Mining Ass'n, Henry Chajet, Robert K. Taylor, Patton Boggs, LLP, Washington, DC, for National Mining Ass'n.

Charles A. Powell, III, Johnston, Burton, Proctor and Powell, Birmingham, AL, for Alabama Coal Ass'n.

Edward P. Clair, Associate Solicitor for Mine Safety and Health, U.S. Dept. of Labor, Arlington, VA, for Mine Safety and Health Administration.

Harriet S. Rabb, Gen. Counsel, Office of the Gen. Counsel, U.S. Dept. of Health and Human Services, Washington, DC, for Dept. of Health and Human Services.

Nathaniel I. Spiller, Allen H. Feldman, Mark S. Flynn, Elizabeth Hopkins, U.S. Dept. of Labor, Washington, DC, for U.S. Dept. of Labor.

Jeffrey Clair, Michael Jay Singer, U.S. Dept. of Justice, Civil Div., Washington, DC, for Health and Human Services and Center of Disease Control.

Before EDMONDSON and BIRCH, Circuit Judges, and STAFFORD, Senior District Judge.

EDMONDSON, Circuit Judge:

The National Mining Association and the Alabama Coal Association ("NMA") dispute a finding of the Mining Safety and Health Administration ("MSHA") that allows testing the amount of coal dust in mines by using measurements taken over a single shift, rather than traditional multi-shift measurements. NMA challenges the new sampling method on substantive and procedural grounds. We vacate the finding...

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