John T. DUNLOP, Secretary of Labor, Petitioner,
v.
Uriel G. ASHWORTH et al., Respondents.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued November 12, 1975.
Decided March 3, 1976.
Attorney(s) appearing for the Case
Judith Burghardt, Atty., U. S. Dept. of Labor, Washington, D.C. (William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for App. Litigation, and Allen H. Feldman, Asst. Counsel for App. Litigation, U. S. Dept. of Labor, Washington, D.C., on brief), for petitioner.
Allen H. Sachsel, Atty., App. Section, Civ. Div., U. S. Dept. of Justice, Washington, D.C. (Rex E. Lee, Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D.C. on brief) for The Occupational Safety and Health Review Commission.
Frank M. Slayton, Vaughan, Slayton & Bennett, South Boston, Va., on brief, for Uriel G. Ashworth.
Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.
United States Court of Appeals, Fourth Circuit.
HAYNSWORTH, Chief Judge:
Uriel Ashworth was cited by the Secretary of Labor for a serious violation of the Occupational Safety and Health Act of 19701 and was assessed a $600 fine. Ashworth contested this citation and succeeded in persuading the Administrative Law Judge who heard his case that the specific provision he was cited under (§ 5(a)(2) of the Act) did not proscribe the conduct attributed...
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