Maxxim Rebuild Company, LLC v. SOL, et al


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.

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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

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