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INTERCOUNTY CONST. CO. v. OCCUPATIONAL S. & H. R. COM'N

No. 74-1172.

522 F.2d 777 (1975)

INTERCOUNTY CONSTRUCTION COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 23, 1975.

Certiorari Denied January 19, 1976.

Attorney(s) appearing for the Case

Guy F. Driver, Jr., Greenville, S. C. (Robert T. Thompson, Melvin Hutson, Thompson, Ogletree & Deakins, Greenville, S. C., on brief), for petitioner.

Harry R. Silver, Atty., U. S. Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Assoc. Sol. for Occupational Safety and Health, Michael H. Levin, Stephen C. Yohay, William S. Cumings, Stanton R. Koppel, Attys., U. S. Dept. of Justice, on brief), for respondent.

Before BOREMAN, Senior Circuit Judge, and FIELD and WIDENER, Circuit Judges.

Certiorari Denied January 19, 1976. See 96 S.Ct. 854.

BOREMAN, Senior Circuit Judge:

Intercounty Construction Company (company) appeals from a decision of the Occupational Safety and Health Review Commission (Commission) which found that the company committed a "willful" violation1 of the employment safety provisions of section 5(a) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a) as defined by regulation...

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