Princess Susan Coal Company v. Secretary of Labor (MSHA) (Commission decision, May 20, 1982)
Princess Susan Coal Company v. Secretary of Labor (MSHA) (FMSHRC WEVA 79-423-R): Princess Susan case returned to judge
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This is citable Commission precedent from 1982, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
A federal appeals court returned Princess Susan Coal Company’s case to the Commission for proceedings consistent with another court decision. The Commission sent the case to an administrative law judge for those proceedings. This order does not identify the underlying mine standard, decide the contested matter, or assess a penalty.
Decision snapshot
- Cited standards: None identified in this order.
- Outcome: Case remanded to the administrative law judge; no penalty assessed.
- Key point: The Commission passed the appeals court’s remand to the judge for further proceedings.
Full text (FMSHRC public release)
CCASE:
PRINCESS SUSAN COAL V. MSHA
DDATE:
19820520
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 20, 1982 PRINCESS SUSAN COAL COMPANY
v. Docket No. WEVA 79-423-R
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
ORDER
In Secretary of Labor v. FMSHRC, No. 80-1449, D.C. Cir., April 27, 1982, the court remanded this case to the Commission for further proceedings consistent with the court's decision in UMWA v. FMSHRC, Nos. 79-2503, etc., D.C. Cir., February 23, 1982. Accordingly, the case is remanded to the administrative law judge for further proceedings consistent with the court's order.
~873
Princess Susan Coal
WEVA 79-423-R
Distribution
Ann S. Rosenthal, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
C. Lynch Christian, Esq.
Jackson, Kelly, Holt & O'Farrell
P.0. Box 553
Charleston, West Virginia 25322
Harrison Combs, Esq.
UMWA
900 15th St., N.W.
Washington, D.C. 20005
Administrative Law Judge Gary Melick
FMSHRC
5203 Leesburg Pike, lOth Floor
Falls Church, Virginia 22041
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