NORTHERN ILL. STEEL SUPPLY v. SECRETARY OF LABOR

No. 01-1752.

294 F.3d 844 (2002)

NORTHERN ILLINOIS STEEL SUPPLY COMPANY, Petitioner, v. SECRETARY OF LABOR, Federal Mine Safety and Health Administration, and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 20, 2002.


Attorney(s) appearing for the Case

Thomas M. Wilde (argued), Alison J. Maki, Vedder, Price, Kaufman & Kammholz, Chicago, IL, for petitioner.

Jerald Feingold (argued), U.S. Department of Labor, Mine Safety & Health Admin., Arlington, VA, Richard J. Fiore, Department of Labor, Office of the Solicitor, Chicago, IL, John T. Sullivan, Federal Mine Safety & Health Review Commission, Office of the General Counsel, Washington, DC, for respondents.

Before: WOOD, Jr., CUDAHY, and KANNE, Circuit Judges.


HARLINGTON WOOD, JR., Circuit Judge.

Northern Illinois Steel Supply Company ("NIS") is a small,1 family-owned business that sells prime domestic steel products, including pipes, tubing, bars, plates, and beams, to businesses and individuals in Northern Illinois and Indiana. One of NIS's customers is Vulcan Material Company ("Vulcan"). Vulcan operates a limestone extraction and crushing operation ("the Quarry") in Romeoville, Illinois....

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