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U.S. v. AGRONICS INC.

No. 94-2258.

164 F.3d 1343 (1999)

UNITED STATES of America, Plaintiff-Counter-Defendant-Appellee, and United States Department of Labor; Federal Mine Safety & Health Administration, Counter-Defendants-Appellees, v. AGRONICS INCORPORATED, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 22, 1999.

Attorney(s) appearing for the Case

John J. Kelly, United States Attorney, John W. Zavitz, Assistant U.S. Attorney, Albuquerque, NM, for Plaintiff-Counter-Defendants-Appellees.

Peter V. Domenici, Jr., Albuquerque, NM, for Defendant-Counter-Claimant-Appellant.

Before BRORBY, McKAY, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff United States of America brought this action to recover a civil penalty imposed by the Federal Mine Safety and Health Administration (MSHA) against defendant Agronics, Incorporated in connection with its operation of a humate mining and processing facility in Sandoval County, New Mexico. Under the applicable statutory scheme, the district court had limited jurisdiction to order payment of...

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