Opinion for the Court filed by Circuit Judge SENTELLE.
SENTELLE, Circuit Judge:
Contractor's Sand and Gravel, Inc. ("CSG") petitions for review of a Federal Mine Safety and Health Review Commission ("FMSHRC") decision vacating an Administrative Law Judge's ("ALJ") award of attorneys fees and expenses against the Secretary of Labor arising out of an underlying proceeding in which CSG had successfully defended against citations and civil penalty assessments...
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