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CONCRETE CONST. CO., INC. v. O. S. H. R. C.

No. 77-3007.

598 F.2d 1031 (1979)

CONCRETE CONSTRUCTION COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 10, 1979.

Attorney(s) appearing for the Case

William C. Moul, George, Greek, King, McMahon & McConnaughey, Terry A. Bethel, Columbus, Ohio, for petitioner.

Roger L. Sabo, Columbus, Ohio, for amicus curiae.

Michael H. Levin, Marc R. Hillson, Baruch A. Fellner, Regional Litigation, U. S. Dept. of Labor, John A. Bryson, Washington, D. C., William S. Kloepfer, Associate Regional Sol., Cleveland, Ohio, for respondent.

Before EDWARDS, Chief Judge, KEITH, Circuit Judge, and BROWN, Chief District Judge.

PER CURIAM.

The Concrete Construction Company, with the enthusiastic support of the Ohio Contractors Association, which submitted an amicus brief and was allowed to argue, attacks two findings of violation of 29 C.F.R. § 1926.550(a)(9) (1977) and the $30 fine levied as a result of one of them. The regulation under scrutiny provides:

(9) Accessible areas within the swing radius of the rear of the rotating superstructure of the crane, either permanently...

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