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AMES CRANE & RENTAL SERVICE, INC. v. DUNLOP

No. 75-1591.

532 F.2d 123 (1976)

AMES CRANE & RENTAL SERVICE, INC., Petitioner, v. John T. DUNLOP, Secretary of Labor, United States Department of Labor and the Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided April 1, 1976.

Attorney(s) appearing for the Case

Thomas D. McMillen, Jr., Des Moines, Iowa, for petitioner.

Sidney M. Nowell, Atty., U. S. Dept. of Labor, Washington, D. C., for respondents; William J. Kilberg, Sol. of Labor, Michael H. Levin, Counsel for Appellate Litigation, Allen H. Feldman, Asst. Counsel for Appellate Litigation, Sidney N. Nowell, Atty., U. S. Dept. of Labor, and Benjamin W. Mintz, Associate Sol., for Occupational Safety and Health Review Commission, Washington, D. C., on brief.

Before LAY, ROSS and STEPHENSON, Circuit Judges.

PER CURIAM.

Ames Crane & Rental Service, Inc. filed this petition to review a decision of the Occupational Safety and Health Review Commission affirming, by an equally divided vote,1 an administrative law judge's finding that Ames was guilty of a serious violation of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. Ames was found to have violated an OSHA regulation which prohibits operation of cranes within...

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