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SECRETARY OF LABOR, MINE SAFETY v. SPARTAN MIN.

No. 04-1126.

415 F.3d 82 (2005)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, Petitioner v. SPARTAN MINING COMPANY and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 2005.

Attorney(s) appearing for the Case

Jerald S. Feingold, Attorney, Mine Safety & Health Administration, argued the cause for petitioner. With him on the briefs was W. Christian Schumann, Counsel.

James S. Crockett, Jr. argued the cause for respondent. With him on the brief was David J. Hardy.

Before: EDWARDS, ROGERS, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

This case concerns dueling interpretations of Department of Labor regulations that require coal mine operators to examine their mines for hazardous conditions before they send miners underground. Although in this case the outcome of the duel is not particularly close, it would not matter if it were. The standard of review that governs interpretive dueling before this court compels...

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