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RAG CUMBERLAND RES. v. FEDERAL MINE SAF. & HEALTH

No. 00-1438.

272 F.3d 590 (2001)

RAG CUMBERLAND RESOURCES LP, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 2001.

Attorney(s) appearing for the Case

Ralph Henry Moore II argued the cause and filed the briefs for petitioner.

Harold P. Quinn, Jr. and Michael F. Duffy were on the brief for amicus curiae National Mining Association.

Robin A. Rosenbluth, Attorney, U.S. Department of Labor, argued the cause for respondents. With her on the brief was W. Christian Schumann, Counsel. John T. Sullivan, Attorney, Federal Mine Safety and Health Review Commission, entered an appearance.

Before: GARLAND, Circuit Judge, SILBERMAN and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Petitioner RAG Cumberland Resources LP, the owner and operator of a coal mine, challenges an order issued against it pursuant to § 104(d)(2) of the Federal Mine Safety and Health Act of 1977 (the "Mine Act"), 30 U.S.C. § 814(d)(2). The Secretary of Labor issued the order after a federal mine inspector discovered that, for the second...

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