North Fork Coal Corporation v. MSHR

Filing

OPINION and JUDGMENT filed: The petition for review is GRANTED, and the order of the Federal Mine Safety and Health Review Commission is REVERSED. Decision for publication pursuant to local rule 206. Jeffrey S. Sutton (CONCURRING) and Richard Allen Griffin (AUTHORING), Circuit Judges; and Joseph M. Hood, U.S. District Judge for the Eastern District of Kentucky, sitting by designation. [11-3398, 11-3684]

Case: 11-3398

Document: 006111400321

Filed: 08/14/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 11-3398/3684
NORTH FORK COAL CORPORATION,
Petitioner,

FILED

Aug 14, 2012
LEONARD GREEN, Clerk

v.
FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION; SECRETARY OF LABOR; MARK
GRAY,
Respondents.
Before: SUTTON and GRIFFIN, Circuit Judges; HOOD, District Judge.

JUDGMENT
THIS MATTER came before the court upon the petition by North Fork Coal
Corporation for review of an order by the Federal Mine Safety and Health Review
Commission.
UPON FULL REVIEW of the record and the briefs and arguments of counsel,
IT IS ORDERED that the petition for review is GRANTED and the order of the
Federal Mine Safety and Health Review Commission is REVERSED.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk