CLARKSON CONST. CO. v. OCC. SAF. & HEALTH REVIEW COMM.

No. 75-1070.

531 F.2d 451 (1976)

CLARKSON CONSTRUCTION COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided January 21, 1976.

Rehearing Denied February 18, 1976.


Attorney(s) appearing for the Case

Robert A. Babcock, Margolin & Kirwan, Kansas City, Mo. (G. Steven Ruprecht, Margolin & Kirwan, Kansas City, Mo., on the brief), for petitioner.

Dennis K. Kade, Atty., U. S. Dept. of Labor (William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Asst. Counsel for App. Litigation, and Allen H. Feldman, Asst. Counsel for App. Litigation, on the brief), for Secretary of Labor.

Before HILL, SETH and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

Clarkson Construction Company has petitioned for review of an order of the Occupational Safety and Health Review Commission issued against it November 29, 1974. Section 11(a) of the Occupational Safety and Health Act of 1970 (OSHA) is the applicable procedural and jurisdictional provision (29 U.S.C. Sec. 660(a)).

The order for which review is sought is one which the Administrative...

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