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UNITED STATES v. DYE CONSTRUCTION COMPANY

No. 74-1176.

510 F.2d 78 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. DYE CONSTRUCTION COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 29, 1975.

Attorney(s) appearing for the Case

Alan A. Armour, Hoffman, Goldstein, Armour & Lonnquist, P. C., Denver, Colo. (Abe L. Hoffman, Hoffman, Goldstein, Armour & Lonnquist, P. C., Denver, Colo., on the brief), for defendant-appellant.

Robert E. Courtney, III, Atty., Dept. of Justice (John L. Murphy, Chief Government Regulations Section, Crim. Div., Dept. of Justice, of counsel: James L. Treece, U.S. Atty., Robert R. Marshall, Jr., Asst. U.S. Atty., Michael H. Levin, Counsel for App. Litigation and Helen Schuitmaker, Atty., Dept. of Labor, on the brief), for plaintiff-appellee.

Before SETH, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Following the death of a workman in a trench cave-in, the appellant was charged with willfully failing to shore, sheet, brace, slope and otherwise support by means of sufficient strength sides of trenches in unstable or soft material sufficient to protect employees working within the trenches, five feet or more in depth. The cause which arose under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq.

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