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ED TAYLOR CONST. v. OSHRC

No. 90-8383.

938 F.2d 1265 (1991)

ED TAYLOR CONSTRUCTION CO., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Elizabeth Dole, Secretary of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

August 15, 1991.

Attorney(s) appearing for the Case

Michael C. Murphy, Dan R. Gresham, Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga., for petitioner.

Bobbye D. Spears, Regional Sol., Office of the Sol., U.S. Dept. of Justice, Atlanta, Ga., Curtis L. Gay, Bruce Justh, Ann Rosenthal, Counsel for Regional Trial Litigation, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondents.

Before ANDERSON and CLARK, Circuit Judges, and TUTTLE, Senior Circuit Judge.

ON PETITION FOR REHEARING

TUTTLE, Senior Circuit Judge:

On petition for rehearing, the Court WITHDRAWS the opinion published in this case on May 22, 1991, and the following opinion and judgment is issued in lieu thereof.

This is an appeal by Ed Taylor Construction Co. ("Taylor") from the order of an administrative law judge affirming a citation for three violations of the Occupational Safety and Health Act (or the "Act") and the regulations promulgated...

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