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CHAO v. ROTHERMEL

No. 02-2721.

327 F.3d 223 (2003)

Elaine L. CHAO, Secretary of Labor; United States Department of Labor v. Randy ROTHERMEL, Jr.; Cindy Rothermel; D & F Deep Mine Coal Company Randy Rothermel, Jr. and Cindy Rothermel, individually and d/b/a D & F Deep Mine Coal Company, Appellants.

United States Court of Appeals, Third Circuit.

May 2, 2003.

Attorney(s) appearing for the Case

James P. Wallbillich, (Argued), Anthony S. Odorizzi, Cerullo, Datte & Wallbillich, Pottsville, PA, for Appellants.

Jack Powasnik, (Argued), United States Department of Labor, Office of the Solicitor, Arlington, VA, for Appellees.

Before BECKER, Chief Judge, NYGAARD and AMBRO, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

I.

Appellants Randy Rothermel, Jr. and Cindy Rothermel own and operate the D&F Deep Mine Coal Company, an anthracite coal mine in Schuylkill County, Pennsylvania. After Randy Rothermel prevented a Mine Safety and Health Administration (MSHA) inspector from conducting respirable dust sampling, the District Court issued a temporary restraining order...

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