BOGGS, J., delivered the opinion of the court, in which KENNEDY, J., joined. RYAN, J. (pp. 724-25) delivered a separate opinion, in which Judge KENNEDY also joined.
OPINION
BOGGS, Circuit Judge.
ASARCO petitions this court to review the denial by the Federal Mine Safety and Health Review Commission ("the Commission") of its petition for review of the decision of an administrative law judge ("ALJ"). The ALJ held that the Denver laboratory of the Mine...
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