F. X. MESSINA CONST. CORP. v. OCCUPATIONAL S. & H. R. C.

No. 74-1202.

505 F.2d 701 (1974)

F. X. MESSINA CONSTRUCTION CORP., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and the Secretary of Labor, Complainants, Respondents.

United States Court of Appeals, First Circuit.

Decided November 5, 1974.


Attorney(s) appearing for the Case

Robert Hoag Gordon, Boston, Mass., for petitioner.

Harry R. Silver, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., William J. Kilberg, Solicitor of Labor, Benjamin W. Mintz, Associate Solicitor for Occupational Safety and Health, Michael H. Levin, Washington, D. C., counsel for Appellate Litigation, Stephen C. Youhay, Asst. Counsel for Appellate Litigation, Nancy Norman, Atty., and Stephen F. Eilperin, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.


PER CURIAM.

This is a petition to review a decision of the Occupational Safety and Health Review Commission (OSHRC) that petitioner willfully violated the employment safety provisions of section 5(a) of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. § 654(a), as defined by regulation promulgated by the Secretary of Labor1 pursuant to section 6 of the Act, 29 U.S.C. §...

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