DICKENSON-RUSSELL COAL COMPANY, LLC, Petitioner,
v.
SECRETARY OF LABOR; Federal Mine Safety and Health Review Commission, Respondents.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 11, 2013.
Decided: March 27, 2014.
Attorney(s) appearing for the Case
ARGUED: Patrick Wayne Dennison , Jackson Kelly PLLC, Pittsburgh, Pennsylvania, for Petitioner. Samuel Charles Lord , United States Department of Labor, Arlington, Virginia, for Respondents. ON BRIEF: Ralph Henry Moore, II , Jackson Kelly PLLC, Pittsburgh, Pennsylvania, for Petitioner. M. Patricia Smith , Solicitor of Labor, Washington, D.C. Heidi W. Strassler , Associate Solicitor, Office of Civil Penalty Compliance, MSHA, W. Christian Schumann , Appellate Litigation, United States Department of Labor, Arlington, Virginia, for Respondent Secretary of Labor.
Petition for review denied by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge NIEMEYER and Judge DUNCAN joined.
United States Court of Appeals, Fourth Circuit.
TRAXLER, Chief Judge:
Dickenson-Russell Coal Company ("Dickenson Coal") was cited by the Secretary of Labor for violating the Federal Mine Safety and Health Act of 1977, see Pub.L. No. 95-164, 91 Stat. 1290, by failing to report an injury at its Roaring Fork No. 4 mine within ten days of its occurrence. Dickenson Coal contested the citation on the grounds that Bates Contracting and Construction, Inc. ("Bates"), a contractor...
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