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CRCC v. FEDERAL MINE SAFETY AND HEALTH REVIEW

No. 12-3918.

712 F.3d 311 (2013)

CUMBERLAND RIVER COAL COMPANY, Petitioner, v. The FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and The Secretary of Labor, Mine Safety and Health Administration (MSHA), Respondents, Charles Scott Howard, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 4, 2013.

Attorney(s) appearing for the Case

ARGUED: Willa B. Perlmutter , Crowell & Moring LLP, Washington, D.C., for Petitioner. Lynne B. Dunbar , United States Department of Labor, Arlington, Virginia, for Respondent Secretary of Labor. Tony Oppegard , Lexington, Kentucky, for Intervenor. ON BRIEF: Willa B. Perlmutter , Crowell & Moring LLP, Washington, D.C., for Petitioner. Lynne B. Dunbar , W. Christian Schumann , United States Department of Labor, Arlington, Virginia, for Respondent Secretary of Labor. Tony Oppegard , Lexington, Kentucky, Wes Addington , Appalachian Citizens Law Center, Whitesburg, Kentucky, for Intervenor.

Before: MARTIN and GILMAN, Circuit Judges; FOWLKES, District Judge.

OPINION

JOHN T. FOWLKES, JR., District Judge.

This appeal comes before the court because of the Federal Mine Safety and Health Review Commission's (the "Commission") denial of Cumberland River Coal Company ("CRCC") request for a Review of the Administrative Law Judge's ("ALJ") decision. The ALJ found that CRCC discriminated against Charles Howard, a coal miner, under Section 105(c) of the Federal Mine Safety and Health Act of 1977 (the "Mine Act"), 30 U...

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