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WALKER STONE CO., INC. v. SECRETARY OF LABOR

No. 97-9528.

156 F.3d 1076 (1998)

WALKER STONE COMPANY, INC., Petitioner, v. The SECRETARY OF LABOR; Federal Mine Safety and Health Review Commission, Respondent.

United States Court of Appeals, Tenth Circuit.

September 22, 1998.

Attorney(s) appearing for the Case

Katherine Shand Larkin, of Jackson & Kelly, Denver, CO (Keith R. Henry of Weary, Davis, Henry, Struebing & Troup, Junction City, KS, with her on the briefs), for Petitioner.

Jerald S. Feingold, of U.S. Dept. of Labor, Office of Solicitor, Arlington, VA (J. Davitt McAteer, Acting Solicitor of Labor, Edward P. Clair, Associate Solicitor, W. Christian Schumann, Counsel, Appellate Litigation, with him on the brief), for Respondent.

Before SEYMOUR, Chief Judge, and McWILLIAMS and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Walker Stone Company, Inc. ("Walker Stone") appeals the assessment of a civil penalty under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. This court exercises jurisdiction pursuant to 30 U.S.C. § 816(a)(1) and holds that breaking up rocks which are obstructing a crusher constitutes "repairs" or "maintenance" of machinery for purposes of 30 C.F.R. § 56...

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