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CUMBERLAND COAL RESOURCES, LP v. F.M.S.H.R.C.

No. 06-4192.

515 F.3d 247 (2008)

CUMBERLAND COAL RESOURCES, LP, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, Mine Safety and Health Administration, (MSHA), Respondent.

United States Court of Appeals, Third Circuit.

Filed February 15, 2008.

Attorney(s) appearing for the Case

Karen L. Johnston, Jackson Kelly, Denver, CO, R. Henry Moore [Argued], Jackson Kelly, Pittsburgh, PA, for Petitioner.

John T. Sullivan, Federal Mine Safety & Health Review Commission, Washington, DC, Melissa Bowman [Argued], United States Department of Labor, Office of the Solicitor, Arlington, VA, for Respondent.

Before: SCIRICA, Chief Judge, AMBRO and JORDAN, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Cumberland Coal Resources, LP ("Cumberland") petitions for review of the August 29, 2006 decision of the Federal Mine Safety and Health Review Commission (the "Commission") affirming the decision of an Administrative Law Judge (the "ALP) that upheld three citations issued to Cumberland by inspectors of the Federal Mine Safety and Health Administration ("MSHA") on January 16, 2004, February 4, 2004, and February...

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