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SHAMOKIN FILLER CO. v. MINE SAFETY & HEALTH REVIEW

No. 12-4457.

772 F.3d 330 (2014)

SHAMOKIN FILLER COMPANY, INC., Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, Mine Safety and Health Administration (MSHA), Respondents.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 11, 2014.

Attorney(s) appearing for the Case

Adele L. Abrams, Esq. [argued], Law Office of Adele L. Abrams, P.C., Beltsville, MD, for Petitioner Shamokin Filler Company Inc.

Sara L. Johnson, Esq. [argued], U.S. Department of Labor, Arlington, VA, for Respondent-Appellee Secretary of Labor.

Before: McKEE, Chief Judge, FUENTES and CHAGARES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

Petitioner Shamokin Filler Company, Inc., operates a coal preparation facility in Shamokin, Pennsylvania that has been regulated by the Federal Mine Safety and Health Administration ("MSHA") since 1977. After a change in ownership in 2009, the new owners challenged MSHA's jurisdiction over the Shamokin facility, contending that the Occupational Safety and Health Administration ("OSHA"), not MSHA, should oversee...

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