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COBRA NATURAL RESOURCES, LLC v. FEDERAL MINE SAFETY

No. 13-1406.

742 F.3d 82 (2014)

COBRA NATURAL RESOURCES, LLC, Petitioner, v. FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION; Secretary of Labor; Mine Safety and Health Administration, on Behalf of Russell Ratliff, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2014.

Attorney(s) appearing for the Case

ARGUED: William E. Robinson , Dinsmore & Shohl, LLP, Charleston, West Virginia, for Petitioner. Nancy E. Steffan , United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Mary Catherine Funk , Dinsmore & Shohl, LLP, Charleston, West Virginia, for Petitioner. M. Patricia Smith , Solicitor of Labor, Heidi W. Strassler , Associate Solicitor, W. Christian Schumann , Appellate Ligation Counsel, United States Department of Labor, Arlington, Virginia, for Respondents.

Petition for review dismissed by published opinion. Judge KING wrote the majority opinion, in which Judge GREGORY joined. Judge AGEE wrote a dissenting opinion.

KING, Circuit Judge:

Petitioner Cobra Natural Resources, LLC ("Cobra"), seeks appellate relief from a decision of the Federal Mine Safety and Health Review Commission (the "Commission"), temporarily reinstating a coal miner. In October 2012, Russell Ratliff filed a discrimination complaint with the Secretary of Labor, alleging that Cobra had unlawfully retaliated against him under the Mine Safety and Health Act of 1977 (the "Mine Act"), by discharging him on the basis...

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