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CONSOLIDATION COAL CO. v. F.M.S.H.R.C.

No. 97-1100.

136 F.3d 819 (1998)

CONSOLIDATION COAL COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and the Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 1998.

Attorney(s) appearing for the Case

Elizabeth S. Chamberlin, Pittsburgh, PA, argued the cause and filed the briefs for petitioner.

Yoora Kim, Attorney, U.S. Department of Labor, Washington, DC, argued the cause for respondents, with whom W. Christian Schumann, Counsel, was on the brief. Norman M. Gleichman, General Counsel, Mine Safety and Health Review Commission, entered an appearance.

Before: ROGERS and GARLAND, Circuit Judges, and BUCKLEY, Senior Circuit Judge.

ROGERS, Circuit Judge:

Consolidation Coal Company petitions the court for review of a decision of the Mine Safety and Health Review Commission upholding a citation by the Mine Safety and Health Administration (MSHA) for failure to ensure that any of its miners could at all times see a warning signal mounted on a methane monitor in one of its mines, in contravention of 30 C.F.R. § 75.342(b)(2). Consolidation concedes that its miners could not see the warning signal...

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