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MARSHALL v. B. W. HARRISON LBR. CO.

No. 76-2619.

569 F.2d 1303 (1978)

F. Ray MARSHALL, Secretary of Labor, Petitioner, v. B. W. HARRISON LUMBER COMPANY, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

March 23, 1978.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol., Benjamin W. Mintz, Assoc., Michael H. Levin, Dennis K. Kade, Attys., U. S. Dept. of Labor, Washington, D. C., for petitioner.

William R. Childers, Jr., Monroe, Ga., Allen H. Sachsel, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for respondents.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.

GODBOLD, Circuit Judge:

An employer cited for violations of the Occupational Safety and Health Act (OSHA), 29 U.S.C. §§ 651 et seq., failed to contest the citation. In a subsequent proceeding under a notification of a failure to correct the violation, the employer claimed that the citation inadequately described the particular violations. We agree that the citation's description was inadequate and that the citation did not provide a basis for a subsequent...

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