EAGLE ENERGY, INC. v. SECRETARY OF LABOR

No. 00-1073.

240 F.3d 319 (2001)

EAGLE ENERGY, INCORPORATED, Petitioner, v. SECRETARY OF LABOR; Mine Safety and Health Administration; Federal Mine Safety & Health Review Commission, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 15, 2001.


Attorney(s) appearing for the Case

ARGUED: L. Joseph Ferrara, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Petitioner. Norman Michael Gleichman, Federal Mine Safety and Health Review Commission, Washington, D.C.; Robin Ann Rosenbluth, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: David J. Hardy, Maris E. McCambley, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Petitioner. James Y. Callear, John T. Sullivan, Federal Mine Safety and Health Review Commission, Washington, D.C.; Henry L. Solano, Edward P. Clair, W. Christian Schumann, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondents.

Before WILLIAMS and TRAXLER, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.


Dismissed by published opinion. Senior Judge MAGILL wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

OPINION

MAGILL, Senior Circuit Judge:

Eagle Energy ("Eagle") appeals both an administrative law judge's finding that Eagle committed a "significant and substantial" violation of a regulation of the Federal Mine Health and Safety Act of 1977 (the "Act"), and the refusal of the Federal Mine Safety and Health Review Commission (the...

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