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FROHLICK CRANE SERV., INC. v. OCCUPATIONAL S. & H. R. C.

No. 74-1489.

521 F.2d 628 (1975)

FROHLICK CRANE SERVICE, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Peter J. Brennan, Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided August 19, 1975.

Attorney(s) appearing for the Case

William W. Webster, Denver, Colo. (Gelt & Webster, Denver, Colo., on the brief), for petitioner.

Barbara L. Herwig, Atty., Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., and Stephen F. Eilperin, Atty., Dept. of Justice; and of counsel: William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for App. Litigation, Allen H. Feldman, Acting Asst. Counsel for App. Litigation, and Judith A. Burghardt, Atty., Labor Dept., on the brief), for respondents.

Before SETH, HOLLOWAY and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This proceeding arises under the Occupational Safety and Health Act of 1970. 29 U.S.C. § 651 et seq. Frohlick Crane Service, Inc., the petitioner in this court, seeks review of a decision and order of the Review Commission in which Frohlick was adjudged guilty of a serious violation of 29 C.F.R. § 1926.550(a)(15)(i) and assessed a $500 fine. Frohlick does not deny that there was in fact a violation of the safety standard...

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