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CORDERO MIN. v. SECRETARY OF LABOR EX REL. CLAPP

No. 12-9502.

699 F.3d 1232 (2012)

CORDERO MINING LLC, Petitioner, v. SECRETARY OF LABOR on behalf of Cindy L. CLAPP; Federal Mine Safety and Health Review Commission, Respondent.

United States Court of Appeals, Tenth Circuit.

November 15, 2012.

Attorney(s) appearing for the Case

M. Robin Repass , ( Laura E. Beverage and Kristin R.B. White of Jackson Kelly, PLLC, with her on the briefs), Denver, CO, for Petitioner.

Nancy E. Steffan , ( M. Patricia Smith , Solicitor of Labor, Heidi W. Strassler , Associate Solicitor, W. Christian Schumann , Counsel, Appellate Litigation, of the U.S. Department of Labor, Office of the Solicitor, on the brief), Washington, D.C. for Respondent.

Before KELLY, BALDOCK, and EBEL, Circuit Judges.

KELLY, Circuit Judge.

Cordero Mining LLC ("Cordero") seeks review of a Decision and Order of Administrative Law Judge ("ALJ") Thomas P. McCarthy issued on December 5, 2011, finding that Cordero violated § 105(c) of the Federal Mine Safety and Health Act of 1977 (the "Act") in terminating Cindy L. Clapp. Cordero requests that judgment be entered in its favor and that this court (a) vacate the ALJ's finding that Cordero violated § 105(c) of the Act, (b) vacate...

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