United States Seventh Circuit

A citation for violation of the Federal Mine Safety and Health Act (Act), issued to a steel delivery company, is not enforceable where the minimal activity performed by the company does not rise to the level of "services performed" at a mine, thus the company is not subject to the Act's provisions.

Appellate Information

• Argued 10/23/2001
• Decided 06/20/2002
• Published 06/20/2002

Judges

• HARLINGTON WOOD, JR., Circuit Judge., Before:  WOOD, Jr., CUDAHY, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas M. Wilde (argued), Alison J. Maki, Vedder, Price, Kaufman & Kammholz, Chicago, IL, for petitioner.


• For Appellees:
  
• Jerald Feingold (argued), U.S. Department of Labor, Mine Safety & Health Admin., Arlington, VA, Richard J. Fiore, Department of Labor, Office of the Solicitor, Chicago, IL, John T. Sullivan, Federal Mine Safety & Health Review Commission, Office of the General Counsel, Washington, DC, for respondents.