North Fork Coal Corporation v. MSHR


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]

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Case: 11-3398 Document: 006111400330 Filed: 08/14/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Leonard Green Clerk Tel. (513) 564-7000 Filed: August 14, 2012 Mr. James Wesley Addington Appalachian Citizens Law Center, Inc. 317 Main Street Whitesburg, KY 41858 Mr. Timothy Ward Gresham Mr. Stephen M. Hodges Penn, Stuart & Eskridge P.O. Box 2288 Abingdon, VA 24210 Mr. Tony Oppegard P.O. Box 22446 Lexington, KY 40522 Ms. Robin Ann Rosenbluth U.S. Department of Labor Office of the Solicitor 4015 Wilson Boulevard, Suite 400 Arlington, VA 22203-0000 Mr. John Thomas Sullivan Federal Mine Safety & Health Review Commission 601 New Jersey Avenue, N.W., Suite 9500 Washington, DC 20001 Re: Case Nos. 11-3398/3684, North Fork Coal Corporation v. MSHR Originating Case No. : Kent 2009-1429-D Dear Counsel, The court today announced its decision in the above-styled case. Case: 11-3398 Document: 006111400330 Filed: 08/14/2012 Page: 2 Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Leonard Green, Clerk Cathryn Lovely Deputy Clerk Enclosures Mandate to issue.

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