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NORTHSHORE MIN. CO. v. SECRETARY OF LABOR

No. 21-1334, No. 21-1383.

46 F.4th 718 (2022)

NORTHSHORE MINING COMPANY, Petitioner v. SECRETARY OF LABOR; Federal Mine Safety and Health Review Commission, Respondents. Northshore Mining Company; Matthew Zimmer, employed by Northshore Mining Company; Roger Peterson, employed by Northshore Mining Company; Federal Mine Safety and Health Review Commission, Respondents v. Secretary of Labor, Mine Safety and Health Administration, Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner was Ralph Henry Moore, II , of Pittsburgh, PA. Also appearing on petitioner Northshore's brief were Arthur Wolfson and Patrick Dennison of Pittsburgh, PA.

Counsel who presented argument on behalf of respondent Secretary of Labor, was Rebecca W. Mullins , U.S. Department of Labor, Arlington, VA.

Before SMITH, Chief Judge, BENTON and KELLY, Circuit Judges.

Northshore Mining Company operates an iron ore mine in Silver Bay, Minnesota. A contract worker was injured on a walkway at the mine in 2016. Subsequently, the Mine Safety and Health Administration (MSHA) conducted an investigation. MSHA issued Order No. 8897220 (Order) stating that Northshore had failed to maintain the walkway...

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