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WESTERN OILFIELDS SUPPLY v. SECRETARY OF LABOR

No. 18-1296.

946 F.3d 584 (2020)

WESTERN OILFIELDS SUPPLY COMPANY, doing business as Rain for Rent, Petitioner v. SECRETARY OF LABOR AND FEDERAL MINE SAFETY and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 2020.

Attorney(s) appearing for the Case

Byron J. Walker , Little Rock, AR, argued the cause for petitioner. With him on the briefs was Tim Boe , Little Rock, AR.

Daniel Colbert , Attorney, U.S. Department of Labor, argued the cause for respondents. With him on the brief was Ali A. Beydoun , Counsel, Appellate Litigation. John T. Sullivan , Attorney, Mine Safety and Health Review Commission, and Andrew R. Tardiff , Attorney, U.S. Department of Labor, entered appearances.

Before: Garland, Chief Judge, Srinivasan, Circuit Judge, and Edwards, Senior Circuit Judge.

Petitioner Western Oilfields Supply Co., doing business as Rain for Rent, mounts ambitious statutory and constitutional challenges to a $116 fine under the Federal Mine Safety and Health Act of 1977. We deny the petition for review, taking the opportunity to clear up some confusion

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