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FABI CONST. CO., INC. v. SECRETARY OF LABOR

No. 03-1208.

370 F.3d 29 (2004)

FABI CONSTRUCTION COMPANY, INC., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 2004.

Attorney(s) appearing for the Case

Joseph P. Paranac, Jr. argued the cause for the petitioner.

Michael P. Doyle, Attorney, United States Department of Labor, argued the cause for the respondent. Allen H. Feldman, Associate Solicitor, and Nathaniel I. Spiller, Deputy Associate Solicitor, United States Department of Labor, were on brief.

Before: EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The Secretary of Labor (Secretary), through the Occupational Safety and Health Administration (OSHA), cited Fabi Construction Co. (Fabi) for eight violations of OSHA safety regulations after one of Fabi's employees suffered a fatal fall while demolishing a "knock-out" panel on the roof of a 10-story garage. Fabi challenges each of the eight findings of violation...

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