Court of Appeals for the Fourth Circuit November 17, 1980, No. 79-1827 (Monterey Coal Co. v. Federal Mine Safety & Health Review Commission)

BUTZNER, Circuit Judge:

This petition for review is from an order of the Federal Mine Safety and Health Review Commission reversing an administrative law judge’s decision that the Mine Safety and Health Administration unjusti-fiedly cited Monterey Coal Company, a mine owner, instead of Frontier-Kemper Constructors, an independent contractor, for safety violations at a mine construction site.