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HOPKINS COUNTY COAL, LLC v. ACOSTA

No. 16-3848.

875 F.3d 279 (2017)

HOPKINS COUNTY COAL, LLC, Petitioner, v. Alex ACOSTA, Secretary of Labor, Mine Safety and Health Administration; Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 18, 2017.

Attorney(s) appearing for the Case

COUNSEL ARGUED: Melanie J. Kilpatrick , Rajkovich Williams Kilpatrick & True, PLLC, Lexington, Kentucky, for Petitioner. Philip Mayor , United States Department of Labor, Arlington, Virginia, for Respondent Secretary of Labor. ON BRIEF: Melanie J. Kilpatrick , Marco M. Rajkovich, Jr. , Rajkovich Williams Kilpatrick & True, PLLC, Lexington, Kentucky, Gary D. McCollum , Hopkins County Coal, LLC, Lexington, Kentucky, for Petitioner. Philip Mayor , W. Christian Schumann , United States Department of Labor, Arlington, Virginia, for Respondent Secretary of Labor.

KEITH, J., delivered the opinion of the court in which ROGERS, J., joined. KETHLEDGE, J. (pgs. 296-97), delivered a separate dissenting opinion.

OPINION

This appeal involves the scope of the Secretary of Labor's ("Secretary") power to access company documents during investigations of discrimination complaints under the Federal Mine Safety and Health Act of 1977 ("Mine Act"). An employee of Hopkins County Coal ("HCC"), Robert Gatlin ("Gatlin"), filed...

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