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MAINLINE ROCK AND BALLAST v. SECRETARY OF LABOR

No. 11-9525.

693 F.3d 1181 (2012)

MAINLINE ROCK AND BALLAST, INC., Petitioner, v. SECRETARY OF LABOR, Mine Safety and Health Administration (MSHA); Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

Ordered Published May 24, 2012.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Ralph Henry Moore II , Patrick W. Dennison , Jackson Kelly, PLLC, Pittsburgh, PA, Christopher Peterson , Jackson Kelly, PLLC, Denver, CO, for Petitioner.

M. Patricia Smith , Solicitor of Labor, Heidi W. Strassler , Associate Solicitor, W. Christian Schumann , Counsel, Appellate Litigation, Cheryl C. Blair-Kijewski , Attorney, U.S. Department of Labor, Office of the Solicitor, Arlington, VA, for Respondents.

Before KELLY, MURPHY, and HOLMES, Circuit Judges.

ORDER

Before the court is the Secretary of Labor's motion to publish our Order and Judgment in this case, Mainline Rock & Ballast, Inc. v. Secretary of Labor, No. 11-9525, 2012 WL 1111258 (10th Cir. Apr. 4, 2012). Petitioner objects to the motion. Upon consideration, the court has modified its decision as reflected in the attached revised decision. With these modifications, the motion to publish is GRANTED. The Order and Judgment originally filed on April...

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