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BUSSEN QUARRIES, INC. v. ACOSTA

No. 17-2281.

895 F.3d 1039 (2018)

BUSSEN QUARRIES, INC., Petitioner v. Alexander ACOSTA, Secretary of Labor; Federal Mine Safety and Health Review Commission; Mine Safety and Health Administration, MSHA, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2018.

Attorney(s) appearing for the Case

Ryan Dale Seelke , Mine Safety Compliance Consulting, Rolla, MO, for Petitioner.

Elizabeth Johnston , W. Christian Schumann , Emily C. Toler , Office of the Solicitor, Division of Mine Safety and Health, Arlington, VA, John Thomas Sullivan , Federal Mine Safety & Health Review Commission, Office of General Counsel, Washington, DC, Michael Davis , Mine Safety and Health Administration, District Manager, Dallas, TX, for Respondents.

Before BENTON, MELLOY, and GRASZ, Circuit Judges.

The Secretary of Labor's ("Secretary") Mine Safety and Health Administration ("MSHA") issued a citation to Bussen Quarries, Inc. ("Bussen"). The Secretary claimed Bussen violated federal regulation 30 C.F.R. § 56.15005, which requires the use of certain fall-protection equipment at surface metal and nonmetal mines when...

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