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NATIONAL ENGINEERING & CONTRACTING v. OSHA

No. 90-3080.

928 F.2d 762 (1991)

NATIONAL ENGINEERING & CONTRACTING COMPANY, and Meroe Contracting & Supply Company, Petitioners, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION, U.S. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided March 25, 1991.

Attorney(s) appearing for the Case

Kent W. Seifried (argued), Holbrook & Poston, Cincinnati, Ohio, for petitioners.

Barbara A.W. McConnell, Ann Rosenthal (argued), and Cynthia Attwood, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent.

Before RYAN and SUHRHEINRICH, Circuit Judges, and SILER, Chief District Judge.

RYAN, Circuit Judge.

National Engineering and Contracting Company and Meroe Contracting and Supply Company seek a petition for review of an order of an Occupational Safety and Health Review Commission ("OSHRC") judge that National and Meroe violated certain sections of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. National and Meroe raise the following issues on appeal:

1. Whether the evidence found by the Occupational...

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