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CEDAR CONST. CO. v. OCCUPATIONAL SAFETY & HEALTH

No. 77-1538.

587 F.2d 1303 (1978)

CEDAR CONSTRUCTION COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, F. Ray Marshall, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 20, 1978.

Attorney(s) appearing for the Case

Thomas J. Monaghan, Omaha, Neb., for petitioner.

John A. Amodeo, Atty., Dept. of Labor, Washington, D. C., a member of the bar of the Supreme Court of New Jersey pro hoc vice by special leave of the Court with whom Allen H. Feldman, Atty., Occupational Safety and Health Review Commission, Washington, D. C., was on the brief for respondent.

Also John A. Bryson and Michael H. Levin, Attys., Dept. of Labor, Washington, D. C., entered appearances for respondent.

Before McGOWAN and ROBB, Circuit Judges, and JONES, United States Senior District Judge for the District of Columbia.

Opinion PER CURIAM.

PER CURIAM:

Petitioner in this direct review proceeding challenges an order of the Occupational Safety and Health Review Commission (the Commission) finding that petitioner "willfully" violated two Occupational Safety and Health Administration (OSHA) trenching regulations.

Petitioner is a Nebraska corporation in the business of digging trenches and installing sewer and utility pipes. On May 17, 1974, one of its employees was killed...

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