Secretary of Labor v. Westfall Aggregate & Materials, Inc. (ORDER), No. 22-1088 (D.C. Cir. 2023)

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This opinion or order relates to an opinion or order originally issued on April 7, 2023.

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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 22-1088 September Term, 2022 MSHR-LAKE2019-0317-M Filed On: June 6, 2023 Secretary of Labor, Mine Safety and Health Administration, Petitioner v. Westfall Aggregate & Materials, Inc. and Federal Mine Safety and Health Review Commission, Respondents BEFORE: Pillard and Pan, Circuit Judges; and Edwards, Senior Circuit Judge ORDER It is ORDERED, on the court’s own motion, that the April 7, 2023 opinion be amended to replace section II.A. Standard of Review. The Clerk is directed to issue the amended opinion. The Clerk is further directed to issue the mandate forthwith. Per Curiam FOR THE COURT: Mark J. Langer, Clerk BY: /s/ Daniel J. Reidy Deputy Clerk

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