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WOLF RUN MIN. CO. v. FEDERAL MINE SAFETY COM'N

No. 10-1392.

659 F.3d 1197 (2011)

WOLF RUN MINING COMPANY, Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 2011.

Attorney(s) appearing for the Case

Ralph Henry Moore argued the cause for the petitioner.

Samuel Charles Lord , Attorney, United States Department of Labor, argued the cause for the respondent. W. Christian Schumann and Jerald S. Feingold , Attorneys, United States Department of Labor, were with him on brief. John T. Sullivan , Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Petitioner Wolf Run Mining Company (Wolf Run) seeks review of a decision of the Federal Mine Safety and Health Review Commission (Commission), an agency within the United States Department of Labor (Labor). Wolf Run Mining Co., 32 FMSHRC 1228 (2010). The issue on appeal is whether a Mine Safety and Health Administration (MSHA) inspector is authorized to designate the violation of a safeguard notice issued pursuant to...

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