CONSOL BUCHANAN MIN. CO. v. SEC. OF LABOR

Attorney(s) appearing for the Case

ARGUED: Billy Ray Shelton , Jones, Walters, Turner & Shelton PLLC, Lexington, Kentucky, for Petitioner. Cheryl C. Blair-Kijewski , United States Department of Labor, Arlington, Virginia, for Respondents. ON BRIEF: Randall C. Eads , Eads & Eads, Abingdon, Virginia, for Petitioner. M. Patricia Smith , Solicitor of Labor, Office of the Solicitor, 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. Judge Wynn wrote the opinion, in which Judge Wilkinson and Judge Duncan joined.