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MARSHALL v. SOUTHWESTERN IND. CONTRACTORS & RIGGERS

No. 77-2471 Summary Calendar.

576 F.2d 42 (1978)

Ray MARSHALL, Secretary of Labor, Petitioner, v. SOUTHWESTERN INDUSTRIAL CONTRACTORS AND RIGGERS, INC. and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

July 5, 1978.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, Allen H. Feldman, Asst. Counsel for App. Lig., John A. Bryson, John A. Amodeo, Attys., U. S. Dept. of Labor, Washington, D. C., for petitioner.

Ray H. Darling, Jr., Executive Sec., Benjamin W. Mintz, Associate Sol. of OSHRC, Allen H. Sachsel, App. Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., Stephen B. Tatem, Jr., Scott, Hulse, Marshall & Feuille, El Paso, Tex., for S. W. Ind. Contractors & Riggers.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.

GOLDBERG, Circuit Judge:

This case marks the fourth appearance before this court of an Occupational Safety & Health Act safety regulation relating to the use of safety nets to protect workers from falls. The regulation reads, in pertinent part,

Safety nets shall be provided when workplaces are more than 25 feet above the ground or water surface, or other surfaces where the use of ladders, scaffolds, catch platforms...

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