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ACE SHEETING & REPAIR, CO. v. OCCUP. S. & H. REVIEW COM'N

No. 76-1481.

555 F.2d 439 (1977)

ACE SHEETING AND REPAIR COMPANY, Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION and F. Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

July 5, 1977.

Attorney(s) appearing for the Case

Stephen M. Vaughan, Houston, Tex., for petitioner.

Harry W. Scott, Jr., Atty., Benjamin W. Mintz, Associate Sol. of Labor, Michael H. Levin, Atty., Allen H. Feldman, Atty., U.S. Dept. of Labor, Washington, D.C., for respondents.

Before MORGAN and RONEY, Circuit Judges, and KING, District Judge.

RONEY, Circuit Judge:

This case involves a $30 fine for a violation of the Occupational Health and Safety Act. In 1970 Congress enacted the Occupational Safety and Health Act, 29 U.S.C.A. § 651 et seq., "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions." 29 U.S.C.A. § 651(b). In this proceeding we review enforcement of a citation by the Occupational Safety and Health Review Commission. That...

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