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GABEL STONE v. FEDERAL MINE SAFETY & HEALTH REVIEW

No. 01-4016.

307 F.3d 691 (2002)

GABEL STONE COMPANY, INC., Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, on behalf of John Noakes, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: October 7, 2002.

Attorney(s) appearing for the Case

Jason N. Shaffer, argued, Springfield, MO, for petitioner.

Cheryl Blair-Kijewski, U.S. Dept. of Labor, Office of the Solicitor, argued, Arlington, VA, for respondents.

Before McMILLIAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and BOGUE, District Judge.

McMILLIAN, Circuit Judge.

Gabel Stone Company (the company or Gabel Stone) petitions for review of a final order of the Federal Mine Safety and Health Review Commission (the Commission) affirming the decision of an administrative law judge (ALJ) finding that the company had discriminated against John Noakes by discharging him for engaging in protected activity, in violation of 30 U.S.C. § 815(c)(1). We affirm the Commission's order.

Gabel Stone is a small...

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