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U.S. DEPT. v. WOLF RUN MINING CO., INC.

No. 06-1129.

452 F.3d 275 (2006)

UNITED STATES DEPARTMENT OF LABOR, Plaintiff-Appellee, and United Mine Workers of America, Intervenor/Plaintiff-Appellee, v. WOLF RUN MINING COMPANY, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Albert F. Sebok, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Appellant. Jerald S. Feingold, United States Department of Labor, Office of the Solicitor, Arlington, Virginia; Judith Rivlin, United Mine Workers of America, Fairfax, Virginia, for Appellees. ON BRIEF: Brian J. Moore, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Appellant. Rita R. Valdrini, United States Attorney, Betsy C. Jividen, Assistant United States Attorney, Office of the United States Attorney, Wheeling, West Virginia; Howard M. Radzely, Solicitor of Labor, Edward P. Clair, Associate Solicitor, W. Christian Schumann, United States Department of Labor, Office of the Solicitor, Arlington, Virginia, for the Secretary of Labor. Grant Crandall, United Mine Workers of America, Fairfax, Virginia; Robert Smith, Pyles, Haviland, Turner & Smith, Logan, West Virginia, for Appellee/Intervenor.

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD and Judge DUNCAN joined.

NIEMEYER, Circuit Judge.

In the wake of the catastrophic Sago Mine explosion in Upshur County, West Virginia, in which 12 miners were killed and another seriously injured, the mine operator, Wolf Run Mining Company, the Secretary of Labor through the Mine Safety and Health Administration (the "Secretary" or the "Mine Safety Administration"), and the...

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