UNITED STATES v. FORNEA ROAD BORING CO., INC.

No. 77-1684 Summary Calendar.

565 F.2d 1314 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. FORNEA ROAD BORING COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 10, 1978.


Attorney(s) appearing for the Case

Joseph L. McCoy, Jackson, Miss., for defendant-appellant.

Nancy L. Southard, Atty., Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Assoc. Sol., Allen H. Feldman, Asst. Council, Dept. of Labor, Washington, D. C., for plaintiff-appellee.

Before GOLDBERG, CLARK, and FAY, Circuit Judges.


PER CURIAM:

On April 15, 1974, appellant Fornea Road Boring Company was issued a citation for violation of the Occupational Safety and Health Act [OSHA]. Fornea duly contested this citation and was granted a hearing before a hearing examiner of the Occupational Safety and Health Review Commission [OSHRC].1 The hearing examiner issued a decision and order on December 23, 1974, finding Fornea to have violated OSHA and assessing a $900 penalty...

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