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REICH v. MASHANTUCKET SAND & GRAVEL

No. 1722, Docket 95-4200.

95 F.3d 174 (1996)

Robert B. REICH, Secretary of Labor, Petitioner, v. MASHANTUCKET SAND & GRAVEL, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided September 6, 1996.

Attorney(s) appearing for the Case

Ellen L. Beard, Staff Attorney, Department of Labor (J. Davitt Mcateer, Acting Solicitor of Labor, Department of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Department of Labor, Washington, DC), for Petitioner.

Henry J. Sockbeson, Tribal Attorney, Mashantucket Pequot Tribe, Mashantucket, CT, for Respondents.

Before: KEARSE, MAHONEY, and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

BACKGROUND

Mashantucket Sand & Gravel ("MSG") is in the construction business. It is wholly owned and operated by the Mashantucket Pequot, a federally recognized Indian tribe. The Tribe has no treaty with the United States and maintains a reservation near Preston, Connecticut.

MSG employs approximately 100 people, both Indian and non-Indian. It works as an arm of the tribe, only on construction sites within the confines...

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