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SECRETARY OF LABOR v. OHIO VALLEY COAL CO.

No. 03-1070.

359 F.3d 531 (2004)

SECRETARY OF LABOR, Petitioner, v. OHIO VALLEY COAL COMPANY and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Robin A. Rosenbluth, Attorney, U.S. Department of Labor, argued the cause for petitioner. With her on the briefs was W. Christian Schumann, Counsel.

Melanie J. Kilpatrick argued the cause for respondent. With her on the brief was Marco M. Rajkovich, Jr.

Before: EDWARDS, SENTELLE, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case arises out of a fatal accident in a mine owned and operated by the Ohio Valley Coal Company ("Ohio Valley"). Thomas Ciszewski, a mine belt foreman for Ohio Valley, had his arm severed by moving machinery while he was assessing necessary maintenance and repairs on the equipment. The injury resulted in his death shortly after the accident. The Department...

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