Secretary of Labor, et al., Petitioners, v. Bethenergy Mines, Inc., et al., Respondents, 43 F.3d 712 (D.C. Cir. 1994)

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U.S. Court of Appeals for the District of Columbia Circuit - 43 F.3d 712 (D.C. Cir. 1994) Nov. 9, 1994

Before: WILLIAMS, GINSBURG, and ROGERS, Circuit Judges.

JUDGMENT

PER CURIAM.

This cause came to be heard on a petition for review of the decision of the Federal Mine Safety and Health Review Commission in Bethenergy Mines, Inc. v. Secretary of Labor, 15 F.M.S.H.R.C. 981 (1993). The issues have been accorded full consideration by the Court and occasion no need for a published opinion. See D.C. Cir. R. 36(b).

For substantially the reasons stated by the Commission, it is

ORDERED AND ADJUDGED, by the Court, that the decision by the FMSHRC is affirmed; and it is

ORDERED that the petition for review is denied.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. R. 15.

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