NAT. INDUS. CONSTRUCTORS v. O. S. H. R. C.

No. 77-1834.

583 F.2d 1048 (1978)

NATIONAL INDUSTRIAL CONSTRUCTORS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, Ray Marshall, Secretary of Labor, Co-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided September 14, 1978.


Attorney(s) appearing for the Case

Gregory B. Tobin, Ogletree, Deakins, Smoak & Stewart, Atlanta, Ga., for petitioner.

Karen E. S. Bray, Atty., U. S. Dept. of Labor, Washington, D. C., for respondent; Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for Appellate Litigation, Dennis K. Kade, Asst. Counsel for Appellate Litigation, Scott H. Strickler, Asst. Counsel for Regional Litigation, U. S. Dept. of Labor, Washington, D. C., and Henry C. Mahlman, Associate Regional Sol., Denver, Colo., on brief.

Before GIBSON, Chief Judge, and LAY and HEANEY, Circuit Judges.


HEANEY, Circuit Judge.

National Industrial Constructors, Inc., petitions this Court1 for review of an Administrative Law Judge's decision holding that National had violated certain regulations promulgated under the Occupational Safety and Health Act of 1970 (OSHA). The decision became a final agency order when the Occupational Safety and Health Review Commission (the Commission) declined to review it.2 We affirm...

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