Cyprus Industrial Minerals Company v. Federal Mine Safety and Health Review Commission, and Raymond J. Donovan, Secretary of Labor
Court of Appeals for the Ninth Circuit
1Opinion of the Court
GOODWIN, Circuit Judge.
After a fatal accident, a Federal Mine Safety and Health inspector cited Cyprus for a violation of 30 C.F.R. § 57.3-22 (1980) and issued a withdrawal order. An unsuccessful review petition before the Mine Safety and Health Administration led Cyprus to petition this court for review. Cyprus contends: (1) that the operation where the accident occurred was not a mine within the meaning of the Federal Mine Safety and Health Act, 30 U.S.C. § 802(h)(1) (Supp. III 1979); and (2) that the employment of an independent contractor to perform the operation effectively insulated…
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