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MAXXIM REBUILD v. FEDERAL MINE SAFETY

No. 16-3530.

848 F.3d 737 (2017)

MAXXIM REBUILD COMPANY, LLC, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, Mine Safety and Health Administration, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 13, 2017.

Attorney(s) appearing for the Case

ARGUED: Ralph Henry Moore, II , JACKSON KELLY PLLC, Pittsburgh, Pennsylvania, for Petitioner. Cheryl C. Blair-Kijewski , UNITED STATES DEPARTMENT OF LABOR, Arlington, Virginia, for Respondent Secretary of Labor. ON BRIEF: Ralph Henry Moore, II , Patrick W. Dennison , JACKSON KELLY PLLC, Pittsburgh, Pennsylvania, for Petitioner. Cheryl C. Blair-Kijewski , W. Christian Schumann , UNITED STATES DEPARTMENT OF LABOR, Arlington, Virginia, for Respondent Secretary of Labor. Mark E. Heath , SPILMAN THOMAS & BATTLE, PLLC, Charleston, West Virginia, for Amicus Curiae.

Before: BATCHELDER, SUTTON, and KETHLEDGE, Circuit Judges.

OPINION

At issue is whether Maxxim Rebuild Company, which operates a shop that makes and repairs mining equipment, is a "coal or other mine" subject to regulation by the Federal Mine Safety and Health Review Administration. 30 U.S.C. § 802(h). The Maxxim facility does not extract

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