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SHAW CONST., INC. v. OCCUPATIONAL S & H REVIEW COM'N

No. 75-3495. Summary Calendar.

534 F.2d 1183 (1976)

SHAW CONSTRUCTION, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and W. J. Usery, Jr., Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 1, 1976.

Attorney(s) appearing for the Case

David Ford Hunt, Dallas, Tex., for petitioner.

William J. Kilberg, Sol., U.S. Dept. of Labor, Michael H. Levin, Robert K. Salyers, Jr., Judith Burghardt, Attys., Washington, D.C., for respondents.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

AINSWORTH, Circuit Judge:

Shaw Construction, Inc., an underground utilities construction company, petitions for review of an order of the Occupational Safety and Health Review Commission dated July 22, 1975, which held that Shaw committed two serious violations of regulations defining safety standards for trenching operations. In May of 1973, Shaw was engaged in lowering a telephone conduit which entailed, among other things, the construction of a trench nine feet...

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