ELECTRIC SMITH, INC. v. SECRETARY OF LABOR

No. 80-7228.

666 F.2d 1267 (1982)

ELECTRIC SMITH, INC., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided February 4, 1982.


Attorney(s) appearing for the Case

Clair Cordon, Winston & Cashatt, Spokane, Wash., for petitioner.

Allen H. Feldman, Washington, D. C., for respondent.

Before SKOPIL and POOLE, Circuit Judges, and KENYON, District Judge.


KENYON, District Judge:

Petitioner Electric Smith, Inc., was cited for four violations of Occupational Safety and Health Act regulations on a multi-employer construction site. Its sole claim for petition is that the Occupational Safety and Health Review Commission (hereinafter the Commission or OSHRC) erred in refusing to relieve it of responsibility for the violations under the Commission decisions governing the duties of a "noncreating and noncontrolling" subcontractor...

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