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BEALL CONST. CO. v. OCCUPATIONAL SAFETY & H. REV. COM'N

No. 74-1297.

507 F.2d 1041 (1974)

BEALL CONSTRUCTION COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided December 18, 1974.

Attorney(s) appearing for the Case

McNeill Stokes, Atlanta, Ga., for petitioner.

David M. Cohen, Atty., App. Section, Civ. Div., Dept. of Justice, Washington, D. C., for respondents.

Before VAN OOSTERHOUT, Senior Circuit Judge, HEANEY, Circuit Judge, and MEREDITH, Chief District Judge.

VAN OOSTERHOUT, Senior Circuit Judge.

The Petitioner in this matter has taken a timely appeal from an Order of the Occupational Safety and Health Review Commission (Commission) imposing a $620 fine for one serious violation and four nonserious violations of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.). This court has jurisdiction under 29 U.S.C. § 660(a).

In this court Petitioner contends: (1) the Occupational Safety and...

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