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ATLAS ROOFING CO. v. OCCUPATIONAL S. & H. REV. COM'N

No. 73-2249.

518 F.2d 990 (1975)

ATLAS ROOFING COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fifth Circuit.

September 8, 1975.

Attorney(s) appearing for the Case

McNeill Stokes, Ira J. Smotherman, Jr., Atlanta, Ga., for petitioner.

William J. Kilberg, Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Sol., U. S. Dept. of Labor, Atlanta, Ga., William McLaughlin, Executive Secretary, Occup. Safety & Health, Stephen F. Eilperin, Walter H. Fleischer, Michael Kimmel, Dept. of Justice, Washington, D. C., for respondent.

Before BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Atlas Roofing Company petitions this Court to review an order of the Occupational Safety and Health Review Commission (OSHRECOM)1 affirming a $600.00 penalty assessed by the Secretary of Labor under the Occupational Safety and Health Act of 1970 (OSHA).2 Specifically Atlas was cited for violation of 29 C.F.R. 1926.500(f)(5)(ii) for failing to adequately cover roof openings that resulted...

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