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MARSHALL COUNTY COAL CO. v. FEDERAL MINE SAFETY

No. 18-1098.

923 F.3d 192 (2019)

MARSHALL COUNTY COAL COMPANY, et al., Petitioners v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Mine Safety and Health Administration, Respondents United Mine Workers of America International Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 2019.

Attorney(s) appearing for the Case

Margaret S. Lopez , Washington, DC, argued the cause and filed the briefs for petitioners.

Emily Toler Scott , Attorney, U.S. Department of Labor, argued the cause for respondents. With her on the brief was Ali A. Beydoun , Counsel, Appellate Litigation. John T. Sullivan , Attorney, Mine Safety and Health Review Commission, entered an appearance.

Laura P. Karr argued the cause and filed the brief for intervenor United Mine Workers of America International Union.

Before: Millett and Pillard, Circuit Judges, and Edwards, Senior Circuit Judge.

Section 105(c)(1) of the Federal Mine Safety and Health Amendments Act of 1977 ("Mine Act" or "Act") prohibits mine operators from interfering with miners' exercise of statutory rights. See 30 U.S.C. § 815(c)(1). This case involves claims by miners that mine operators interfered with their rights under...

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