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MEREDITH v. FEDERAL MINE SAFETY AND HEALTH REVIEW

No. 98-1359.

177 F.3d 1042 (1999)

Tom MEREDITH, et al., Petitioners, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, and United Mine Workers of America on behalf of William Keith Burgess, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 1999.

Attorney(s) appearing for the Case

Robert M. Loeb, Attorney, United States Department of Justice, argued the cause for petitioners. With him on the briefs were Frank W. Hunger, Assistant Attorney General at the time the briefs were filed, David W. Ogden, Acting Assistant Attorney General, Wilma A. Lewis, United States Attorney, and Barbara C. Biddle, Assistant Director, United States Department of Justice.

Judith Rivlin argued the cause for respondents. With her on the brief was Grant Crandall. Norman M. Gleichman entered an appearance.

Before: EDWARDS, WALD and ROGERS,

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Several employees of the Mine Safety and Health Administration ("MSHA") petition for review of a decision by the Federal Mine Safety and Health Review Commission (the "Commission") holding MSHA officials amenable to suit under section 105(c)(1) of the Federal Mine Safety and Health Act of 1977 (the "Mine Act" or the "Act"), 30 U.S.C. § 815(c), for official actions that...

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