CH2M HILL CENT., INC. v. HERMAN

Nos. 97-2403, 97-2504.

131 F.3d 1244 (1997)

CH2M HILL CENTRAL, INC., Petitioner, v. Alexis M. HERMAN, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 16, 1997.


Attorney(s) appearing for the Case

Kevin J. Lyons (submitted), Francis R. Croak, Cook & Croak, Milwaukee, WI, Robert C. Gombar, Arthur G. Sapper, McDermott, Will & Emery, Washington, DC, for Petitioner.

Bruce Justh, Department of Labor, Appellate Litigation, Washington, DC, Richard J. Fiore, Kevin Koplin, Department of Labor, Chicago, IL, Ronald J. Gottlieb, Department of Labor, Office of the Solicitor, Washington, DC, Daniel J. Mick, Occupational Safety & Health Administration, Office of the Director, Washington, DC, for Respondent Herman.

Ray Darling, Jr., Occupational Safety & Health Review Commission, Washington, DC, for Respondent Occupational Safety and Health Review Commission.

Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.


EASTERBROOK, Circuit Judge.

A methane explosion in November 1988 in Milwaukee's Crosstown Seven North Tunnel led to three deaths. S.A. Healy Company, the general contractor, was convicted of criminal violations of the Occupational Safety and Health Act, and on double jeopardy grounds we vacated administrative penalties for the same delicts. S.A. Healy Co. v. OSHRC, 96 F.3d 906 (7th Cir.1996), certiorari granted, ___...

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