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DESARROLLOS METROPOLITANOS, INC. v. O.S. & H. R. C.

No. 76-1171.

551 F.2d 874 (1977)

DESARROLLOS METROPOLITANOS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, W. J. Usery, Jr., Secretary of Labor, Party in Interest.

United States Court of Appeals, First Circuit.

March 23, 1977.

Attorney(s) appearing for the Case

Horacio R. Subira Hijo, San Juan, P. R., on brief for petitioner.

William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Washington, D. C., for Occupational Safety and Health, Michael H. Levin, Counsel, Appellate Litigation, Allen H. Feldman, Asst. Counsel, Appellate Litigation, and Marc R. Hillson, Atty., U. S. Dept. of Labor, Washington, D. C., were on brief for respondents.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

PER CURIAM.

Petitioner Metropolitanos appeals from the Commission's affirmance of a fine of $300 imposed by the administrative law judge for a repeat violation. It argues both that the finding of a repeat violation was not supported by substantial evidence and that the regulation under which the fine was assessed violates the equal protection component of the Fifth Amendment. We disagree with both arguments and therefore deny the petition.

29 C.F.R. §...

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