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PLATEAU MINING v. FED. MINE SAFETY AND HEALTH

No. 06-9582.

519 F.3d 1176 (2008)

PLATEAU MINING CORPORATION, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; The Secretary of Labor, Mine Safety & Health Administration, Respondents.

United States Court of Appeals, Tenth Circuit.

March 17, 2008.

Attorney(s) appearing for the Case

Ralph Henry Moore II, Jackson Kelly PLLC, Pittsburgh, Pennsylvania, (Karen L. Johnston, Jackson Kelly PLLC, Denver, CO, with him on the brief), for Petitioner.

Jerald S. Feingold, Attorney (Jonathan L. Snare, Acting Solicitor of Labor, Edward P. Clair, Associate Solicitor, W. Christian Schumann, Counsel, Appellate Litigation, Robin A. Rosenbluth, Attorney, with him on the brief), United States Department of Labor, Arlington, VA, for Respondents.

Before HARTZ, O'BRIEN, and HOLMES, Circuit Judges.

HARTZ, Circuit Judge.

This appeal arises out of a citation issued to Plateau Mining Corporation after a fatal methane explosion at its Willow Creek Mine on July 31, 2000. The citation, issued by the Mine Safety and Health Administration (MSHA), alleged that the accident was the result of a deficient mineventilation system. An administrative law judge (ALJ) affirmed the citation, though not on the primary theory of liability advanced by MSHA. On review, the commissioners...

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