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KENAMERICAN RESOURCES v. U.S. SECRETARY OF LABOR

No. 20-4102.

33 F.4th 884 (2022)

KENAMERICAN RESOURCES, INC., Petitioner, v. UNITED STATES SECRETARY OF LABOR; Mine Safety and Health Administration, Federal Mine Safety and Health Review Commission, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 11, 2022.

Attorney(s) appearing for the Case

ARGUED: Artemis D. Vamianakis , FABIAN VANCOTT, Salt Lake City, Utah, for Petitioner. Emily Toler Scott , UNITED STATES DEPARTMENT OF LABOR, Arlington, Virginia, for Respondent. ON BRIEF: Artemis D. Vamianakis , Jason W. Hardin , FABIAN VANCOTT, Salt Lake City, Utah, for Petitioner. Emily Toler Scott , UNITED STATES DEPARTMENT OF LABOR, Arlington, Virginia, for Respondent.

Before: BOGGS, CLAY, and WHITE, Circuit Judges.

OPINION

Petitioner KenAmerican Resources, Inc. challenges an order of the Federal Mine Safety and Health Review Commission upholding a citation issued by the Secretary of Labor. We DENY the petition for review.

I.

The Paradise No. 9 mine is a large underground coal mine located in Muhlenberg...

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