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FLOYD S. PIKE ELEC. CONTRACTOR, INC. v. O. S. H. R. C.

No. 75-1314.

557 F.2d 1045 (1977)

FLOYD S. PIKE ELECTRICAL CONTRACTOR, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1977.

Attorney(s) appearing for the Case

William H. McElwee, III, North Wilkesboro, N.C. (McElwee, Hall & McElwee, North Wilkesboro, N.C., on brief), for appellant.

Robert K. Salyers, Jr., Atty., U.S. Dept. of Labor, Washington, D.C. (William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, and Michael H. Levin, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and WIDENER, Circuit Judges.

PER CURIAM:

This petition for review of a decision of the Occupational Safety and Health Review Commission involves two issues: first, whether the Occupational Safety and Health Act of 1970 denied the petitioner, Floyd Pike Electrical Contractor, Inc., a trial by jury in violation of the Seventh Amendment, and, second, whether the violation of safety standards by the petitioner's foreman could be imputed to the petitioner.*

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