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NORTHSHORE MIN. CO. v. SECRETARY OF LABOR

No. 12-2249.

709 F.3d 706 (2013)

NORTHSHORE MINING COMPANY, Petitioner v. SECRETARY OF LABOR; Mine Safety and Health Administration; Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: March 8, 2013.

Attorney(s) appearing for the Case

Ralph Henry Moore, II , argued, Patrick W. Dennison , on the brief, Pittsburgh, PA, for petitioner.

Edward Waldman , U.S. Department of Labor, Office of the Solicitor, argued, W. Christian Schumann, U.S. Department of Labor, on the brief, Arlington, VA, for Respondents Secretary of Labor and Mine Safety and Health Administration.

Before SMITH, BEAM, and GRUENDER, Circuit Judges.

BEAM, Circuit Judge.

Northshore Mining Company (Northshore) petitions for review of a final decision of the Federal Mine Safety and Health Review Commission (Commission) affirming a citation by the Secretary of Labor's Mine Safety and Health Administration (hereinafter Secretary or MSHA) charging a violation of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 801 et seq. Because we conclude that MSHA erred in relying upon 30 C.F.R. §...

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