Raw Coal Mining Company, Inc. v. Secretary of Labor, No. 13-2060 (4th Cir. 2014)

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The court issued a subsequent related opinion or order on February 5, 2014.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2060 RAW COAL MINING COMPANY, INC., Petitioner, v. SECRETARY OF LABOR; FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION; FEDERAL MINE SAFETY & HEALTH ADMINISTRATION, Respondents. On Petition for Review of an Order of the National Labor Relations Board. (WEVA 2011-858; WEVA 2011-2051; WEVA 2011-409) Submitted: January 23, 2014 Decided: February 4, 2014 Before KING, DUNCAN, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Melissa M. Robinson, Adam J. Schwendeman, JACKSON KELLY, PLLC, Charleston, West Virginia, for Petitioner. M. Patricia Smith, Solicitor of Labor, Heidi W. Strassler, Associate Solicitor, W. Christian Schumann, Appellate Litigation, David L. Edeli, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Raw Coal Mining Company seeks review of the Federal Mine Safety and Health Review Commission s ( Commission ) order denying its motion, under Federal Rule of Civil Procedure 60(b)(1), to reopen the civil penalty assessment proceedings. Our review of the record reveals that Raw Coal failed to urge before the Commission the objection it now makes to this court, and it has not presented extraordinary circumstances excusing that failure. (2012) dispense See Accordingly, with contentions are oral 30 we U.S.C. deny argument adequately ยงยง 816(a)(1), 823(d)(2)(A)(iii) the for petition because presented in the the review. facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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