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LONE MOUNTAIN PROCESSING v. SECRETARY OF LABOR

No. 11-1431.

709 F.3d 1161 (2013)

LONE MOUNTAIN PROCESSING, INC., Petitioner v. SECRETARY OF LABOR, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 2013.

Attorney(s) appearing for the Case

Noelle Holladay True argued the cause for petitioner. With her on the briefs was Marco M. Rajkovich Jr.   Melanie Kilpatrick entered an appearance.

Jerald S. Feingold , Attorney, U.S. Department of Labor, argued the cause for respondents. With him on the brief was W. Christian Schumann , Counsel. John T. Sullivan , Attorney, Mine Safety and Health Review Commission, entered an appearance.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Lone Mountain Processing, Inc., petitions for review of an order of the Federal Mine Safety and Health Review Commission denying the company's motions to reopen closed civil penalty proceedings. We remand the order because the Commission failed to explain its departure from its own precedent.

I

Under the Federal Mine Safety and Health Act of 1977, the Mine Safety and Health Administration...

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