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ANDALEX RESOURCES v. MINE SAFETY AND HEALTH ADMIN.

No. 14-9540.

792 F.3d 1252 (2015)

ANDALEX RESOURCES, INC., Petitioner, v. MINE SAFETY AND HEALTH ADMINISTRATION; Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health, Respondents.

United States Court of Appeals, Tenth Circuit.

July 7, 2015.

Attorney(s) appearing for the Case

Marco M. Rajkovich, Jr. , Rajkovich, Williams, Kilpatrick & True, PLLC, Lexington, KY, for Petitioner.

Lynne B. Dunbar , Attorney, U.S. Department of Labor, Office of the Solicitor ( M. Patricia Smith , Solicitor of Labor; Heidi W. Strassler , Associate Solicitor; and W. Christian Schumann , Counsel, Appellate Litigation, with her on the brief), Arlington, VA, for Respondents.

Before KELLY, BALDOCK, and PHILLIPS, Circuit Judges.

Andalex Resources, Inc.1 petitions for review of the Mine Safety and Health Administration's (MSHA) decision to revoke previously granted modifications to the application of certain mine safety regulations. Andalex contends that MSHA lacked substantial evidence to revoke the modifications and...

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