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PENDLEY v. FEDERAL MINE SAFETY & HEALTH REVIEW

No. 09-3213.

601 F.3d 417 (2010)

Lawrence L. PENDLEY, Petitioner, v. FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 2, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Wes Addington, Appalachian Citizens Law Center, Whitesburg, Kentucky, for Petitioner. Melanie J. Kilpatrick, Rajkovich, Williams, Kilpatrick & True, PLLC, Lexington, Kentucky, for Respondents. Deborah Stern, United Mine Workers of America, Fairfax, Virginia, for Amicus Curiae.

McCALLA, Chief D. J., delivered the opinion of the court, in which GILMAN, J., joined. BOGGS, J. (pp. 429-31), delivered a separate opinion concurring in part and dissenting in part.

OPINION

JON P. McCALLA, Chief Judge.

This cause is before the Court on a petition for review of an order of the Federal Mine Safety & Health Review Commission (the "Commission"). Petitioner Lawrence L. Pendley, a coal miner, was terminated by his former employer Highland Mining Co. near the time that he both made federally protected safety complaints and engaged in significant workplace misconduct. Petitioner was temporarily reinstated, and he claims...

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