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NATIONAL RLTY. & C. CO., INC. v. OCCUPATIONAL S. & H. R. COM'N

No. 72-1978.

489 F.2d 1257 (1973)

NATIONAL REALTY AND CONSTRUCTION COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, Secretary of Labor, Party Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 1973.

Attorney(s) appearing for the Case

Peter S. Latham, Washington, D. C., with whom I. H. Wachtel, Washington, D. C., was on the brief, for petitioner.

Jean A. Staudt, Atty., Dept. of Justice, with whom Walter H. Fleischer, Atty., Dept. of Justice, and Baruch A. Fellner and Al. J. Daniel, Jr., Attys., Dept. of Labor, were on the brief, for respondent.

Before WRIGHT and ROBB, Circuit Judges, and MATTHEWS, Senior District Judge.

J. SKELLY WRIGHT, Circuit Judge:

We review here an order1 of the Occupational Safety and Health Review Commission which found National Realty and Construction Company, Inc. to have committed a "serious violation" of the "general duty clause" of the Occupational Safety and Health Act of 1970,2 for which a civil fine of $300 was imposed.3 Unable to locate substantial evidence

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