Maxxim Rebuild Company, LLC v. SOL, et al

Filing

OPINION and JUDGMENT filed : The petition for review is GRANTED and the Commission s decisionto exercise jurisdiction over the Maxxim facility is REVERSED. Decision for publication. Alice M. Batchelder, Jeffrey S. Sutton (AUTHORING), and Raymond M. Kethledge, Circuit Judges.

Case: 16-3530

Document: 32-3

Filed: 02/13/2017

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 16-3530

MAXXIM REBUILD COMPANY, LLC,
Petitioner,

FILED
Feb 13, 2017
DEBORAH S. HUNT, Clerk

v.

FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION; SECRETARY OF LABOR,
MINE SAFETY AND HEALTH ADMINISTRATION,
Respondents.

Before: BATCHELDER, SUTTON, and KETHLEDGE, Circuit Judges.

JUDGMENT
THIS MATTER came before the court upon the petition for review by Maxxim Rebuild
Company, LLC of a decision 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 is GRANTED, and the Commission’s decision to
exercise jurisdiction over the Maxxim facility is REVERSED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk