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SUMPTER v. SECRETARY OF LABOR

No. 13-15360.

763 F.3d 1292 (2014)

Mike SUMPTER, Rex Hartzell, Employed by, Oak Grove Resources, LLC, Petitioners, v. SECRETARY OF LABOR, Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

August 15, 2014.

Attorney(s) appearing for the Case

Ralph Henry Moore, II , Patrick Wayne Dennison , Jackson Kelly, PLLC, Pittsburgh, PA, for Petitioners.

Robin Ann Rosenbluth , W. Christian Schumann , U.S. Department of Labor Office of the Solicitor, Arlington, VA, Thomas Grooms , Office of the Solicitor, USDOL, Nashville, TN, Thomas E. Perez , U.S. Department of Justice, Michael A. McCord , John Thomas Sullivan , Federal Mine Safety and Health Review Commission Office of General Counsel, Washington, DC, for Respondents.

Before MARTIN, Circuit Judge, and RESTANI, Judge, and HINKLE, District Judge.

MARTIN, Circuit Judge.

In this appeal, we must decide whether the word "corporation" includes limited liability companies (LLCs) for purposes of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (the Mine Act). The Mine Act was enacted "to provide more effective means and measures for improving the working conditions and practices in the Nation's coal or other mines in order to prevent death and serious physical harm." 30 U.S.C. ...

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