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OLSON v. FEDERAL MINE SAFETY AND HEALTH

No. 03-9528.

381 F.3d 1007 (2004)

Hazel OLSON, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent, Jacobs Ranch Coal Company, Intervenor.

United States Court of Appeals, Tenth Circuit.

August 24, 2004.

Attorney(s) appearing for the Case

Malcolm S. Mead of Hall & Evans, LLC, Denver, CO, for Petitioner.

L. Anthony George of Jackson Kelly PLLC (Laura E. Beverage, and Anne T. Nichting with him on the brief), Denver, CO, for Intervenor.

Before LUCERO, McKAY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Hazel Olson (Complainant) seeks review of the dismissal of her administrative complaint by an Administrative Law Judge (ALJ) of the Federal Mine Safety and Health Review Commission (the Commission). Complainant failed to file her complaint within the 60-day period provided by § 105(c)(2) of the Federal Mine Safety and Health Act, 30 U.S.C. § 815(c)(2). She claims that she delayed filing until...

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