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JONES BROTHERS, INC. v. SECRETARY OF LABOR

No. 17-3483.

898 F.3d 669 (2018)

JONES BROTHERS, INC., Petitioner, v. 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 31, 2018.

Attorney(s) appearing for the Case

ARGUED: Noelle Holladay True , RAJKOVICH, WILLIAMS, KILPATRICK & TRUE, PLLC, Lexington, Kentucky, R. Eddie Wayland , KING & BALLOW, Nashville, Tennessee, for Petitioner. Cheryl C. Blair-Kijewski , UNITED STATES DEPARTMENT OF LABOR, Arlington, Virginia, Joshua M. Salzman , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. ON BRIEF: Noelle Holladay True , RAJKOVICH, WILLIAMS, KILPATRICK & TRUE, PLLC, Lexington, Kentucky, R. Eddie Wayland , Michael D. Oesterle , Laura M. Mallory , Benjamin S. Morrell , KING & BALLOW, Nashville, Tennessee, for Petitioner. Cheryl C. Blair-Kijewski , Ali A. Beydoun , UNITED STATES DEPARTMENT OF LABOR, Arlington, Virginia, for Respondents.

Before: GUY, SUTTON, and COOK, Circuit Judges.

OPINION

The Tennessee Department of Transportation hired Jones Brothers to repair a portion of a state highway in Tennessee. The company drilled and blasted a pit less than a mile from the highway, extracting thousands of tons of graded solid rock to fill the collapsed bed...

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