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FRANK IREY, JR., INC. v. HODGSON

Civ. A. No. 72-26 F.

354 F.Supp. 20 (1972)

FRANK IREY, JR., INC., Plaintiff, v. James D. HODGSON, Secretary of Labor, U. S. Department of Labor, et al., Defendants.

United States District Court, N. D. West Virginia, Fairmont Division.

Decided July 28, 1972.

Attorney(s) appearing for the Case

Paul A. Simmons, Monongahela, Pa., and Russell L. Furbee, Furbee, Amos, Webb & Critchefield, Fairmont, W. Va., for plaintiff.

Paul C. Camilletti, U. S. Atty., Wheeling, W. Va., and David J. Anderson, Atty. Dept. of Justice, General Litigation Section, Washington, D. C., for defendants.

Before FIELD, Circuit Judge, and CHRISTIE and MAXWELL, District Judges.

PER CURIAM:

The plaintiff construction company has been issued citations and proposed assessments of fines by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (1970). The plaintiff filed a notice of contest in accordance with the Act and the Secretary filed a complaint alleging several violations. In its answer to the Secretary's complaint the plaintiff denied the alleged violations and also challenged...

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