HERMAN v. ASSOCIATED ELEC. CO-OP., INC.

No. 98-1876.

172 F.3d 1078 (1999)

Alexis M. HERMAN, Secretary of Labor; Department of Labor, Appellees, v. ASSOCIATED ELECTRIC COOPERATIVE, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed April 20, 1999.


Attorney(s) appearing for the Case

Nathaniel I. Spiller, Deputy Associate Solicitor, Washington, DC, argued (Marvin Krislov, Allen H. Feldman and Ellen L. Beard, on the brief), for Appellees.

Rodric A. Widger, Springfield, MO, argued, for Appellant.

Before: FAGG, HEANEY, and WOLLMAN, Circuit Judges.


WOLLMAN, Circuit Judge.

Associated Electric Cooperative, Inc. (Associated) appeals from the district court's order granting summary judgment in favor of the Secretary of Labor and permanently enjoining Associated from excluding inspectors of the Mine Safety and Health Administration (MSHA) from its power-generating facility. Because we conclude that Associated is not a "mine" within the meaning of the Federal Mine Safety...

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