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BEATTY EQUIPMENT LEASING v. SECRETARY OF LABOR, ETC.

No. 76-2497.

577 F.2d 534 (1978)

BEATTY EQUIPMENT LEASING, INC., Petitioner, v. SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Ninth Circuit.

June 22, 1978.

Attorney(s) appearing for the Case

Jerry M. Ackeret (argued), of Ackeret, Colteaux & Laird, San Rafael, Cal., for petitioner.

Diane E. Burkley (argued), Washington, D. C., for respondent.

Before MERRILL and SNEED, Circuit Judges, and EAST, District Judge.

MERRILL, Circuit Judge:

Petitioner Beatty Equipment Leasing, Inc. (Beatty), seeks a review of a decision of the Occupational Safety and Health Review Commission (the Commission) which upheld a citation for a nonserious violation of § 5(a)(2) of the Occupational Safety and Health Act (OSHA or the Act), 29 U.S.C. § 654(a)(2). The citation was issued for failure to comply with a scaffolding safety standard, promulgated by the Secretary of Labor under the Act...

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