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D. FEDERICO CO. v. OCCUPATIONAL SAFETY & HEALTH REVIEW

No. 76-1084.

558 F.2d 614 (1977)

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

United States Court of Appeals, First Circuit.

Decided June 16, 1977.

Attorney(s) appearing for the Case

Alvin Jack Sims and Sims, Driscoll, Cahalane & Levine, P. C., Brockton, Mass., on brief, for petitioner.

Marc R. Hillson, Atty., U. S. Dept. of Labor, Washington, D. C., with whom 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, Washington, D. C., were on brief, for the Secretary of Labor, respondent.

Before COFFIN, Chief Judge, CLARK, Associate Justice, U. S. Supreme Ct. (Ret.), CAMPBELL, Circuit Judge.

PER CURIAM:

This is a petition to review an order of the Occupational Safety and Health Review Commission (OSHRC), which found Petitioner D. Federico Co., Inc. (Federico) to be in violation of two regulations promulgated under the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq.1 The OSHRC found a serious violation of 29 C.F.R. § 1926.652(b),2 for which Federico was fined...

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