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PATTISON SAND CO. v. FEDERAL MINE SAFETY & HEALTH

Nos. 12-1194, 12-1196.

688 F.3d 507 (2012)

PATTISON SAND COMPANY, LLC, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor; Mine Safety and Health Administration, Respondents. Pattison Sand Company, LLC, Plaintiff/Appellant, v. Federal Mine Safety and Health Review Commission; Mine Safety and Health Administration, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2012.

Attorney(s) appearing for the Case

Henry Chajet , argued, Washington, DC, James L. Pray , Des Moines, IA, David J. Farber , Edward Stephen Wisneski , Avidan Meyerstein , Washington, DC, on the brief, for Appellant.

Jerald S. Feingold , argued, W. Christian Schumann , Heidi W. Strassler , M. Patricia Smith , U.S. Dept. of Labor, Arlington, VA, on the brief, for Appellees MSHR, Secretary of Labor, and Mine Safety and Health Administration in No. 12-1194.

Sushma Soni , argued, Michael Jay Singer , U.S. DOJ, on the brief, Washington DC, for Appellees MSHR, and Mine Safety and Health Administration in No. 12-1196.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

Pattison Sand Company operates a sandstone mine in Clayton, Iowa. After part of the mine roof collapsed near where a miner was working, the Mine Safety and Health Administration (MSHA) issued an order under § 103(k) of the Federal Mine Safety and Health Act (the Act), 30 U.S.C. § 813(k), prohibiting any activity in much of the mine. Pattison challenged the order before the Federal Mine Safety and Health Review Commission (the Commission...

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