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ROCK OF AGES CORP. v. SECRETARY OF LABOR

No. 98-4095.

170 F.3d 148 (1999)

ROCK OF AGES CORPORATION, Petitioner, v. SECRETARY OF LABOR, United States Department of Labor, and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided March 3, 1999.

Attorney(s) appearing for the Case

Henry Chajet, Patton Boggs, L.L.P., Washington, D.C. (Duane A. Siler, David Farber, Patton Boggs, L.L.P., Washington, D.C., of counsel), for Petitioner.

Robin A. Rosenbluth, U.S. Department of Labor, Office of the Solicitor, Arlington, VA (Marvin Krislov, Edward P. Clair, W. Christian Schumann, U.S. Department of Labor, Office of the Solicitor, Arlington, VA, of counsel), for Respondents.

Before: MINER, WALKER, and SACK, Circuit Judges.

MINER, Circuit Judge:

Petitioner Rock of Ages Corporation ("ROA") petitions for review of a decision of respondent Federal Mine Safety and Health Review Commission (the "Commission") affirming a decision of an administrative law judge of the Commission (the "ALJ"). The ALJ found that ROA violated four regulations promulgated under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq., (the "Mine Act") and imposed a fine of $180,000. The...

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