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A. E. BURGESS LEATHER v. OCCUPATIONAL SAF. & H. REV.

No. 77-1146.

576 F.2d 948 (1978)

A. E. BURGESS LEATHER CO., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, and Secretary of Labor, Party of Interest.

United States Court of Appeals, First Circuit.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Charles B. Swartwood, III, Worcester, Mass., with whom Mountain, Dearborn & Whiting, Worcester, Mass., was on brief, for petitioner.

John A. Bryson, Washington, D. C., Atty. with whom Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, counsel for Appellate Litigation, and Allen H. Feldman, Asst. counsel for Appellate Litigation, Washington, D. C., were on brief, for Secretary of Labor, respondent.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, CRARY, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

After an inspection of its plant, A. E. Burgess Leather Co. (Burgess) was cited on February 4, 1975, with a nonserious violation of section 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2). A hearing was held before an administrative law judge, which resulted in a finding of no violation. On appeal, the Occupational Safety and Health Review Commission reversed the ALJ and found that Burgess had violated...

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