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BRENNAN v. GILLES & COTTING, INC.

No. 73-2471.

504 F.2d 1255 (1974)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. GILLES & COTTING, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1974.

Attorney(s) appearing for the Case

Barbara L. Herwig, Atty., U. S. Dept. of Justice (Irving Jaffe, Acting Asst. Atty. Gen., Carla A. Hills, Asst. Atty. Gen., Stephen F. Eilperin, Atty., U. S. Dept. of Justice, on brief), for petitioner.

Robert C. Adams, Fairfax, Va. (Kennon W. Bryan, Fairfax, Va., on brief), for respondent Gilles and Cotting, Inc.

Allen H. Sachsel, Washington, D. C., Appellate Counsel, for respondent Occupational Safety and Health Review Commission.

Before BRYAN, Senior Circuit Judge, and WINTER and FIELD, Circuit Judges.

WINTER, Circuit Judge:

Following the collapse of a scaffolding which caused the death of two workers on the payroll of Southern Plate Glass Company (Southern), a subcontractor of Gilles & Cotting, Inc. (Gilles), the Secretary of Labor issued citations against Southern and Gilles for "serious violations"1 of the safety regulations governing scaffolds. Southern did not contest its liability...

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