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FLOYD, ETC. v. OCCUPATIONAL SAF. & HEALTH REV.

No. 77-1659.

576 F.2d 72 (1978)

FLOYD S. PIKE ELECTRICAL CONTRACTOR, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

July 10, 1978.

Attorney(s) appearing for the Case

William H. McElwee, III, North Wilkesboro, N. C., for petitioner.

Karen E. S. Bray, Atty., Dept. of Labor, Carin Ann Clauss, Sol. of Labor, Benjamin W. Mintz, Assoc. Sol., U. S. Dept. of Labor, Ray H. Darling, Jr., Executive Secy., OSHRC, Washington, D. C., Michael H. Levin, App. Sect. Litigation, Allen H. Feldman, Asst. Counsel, Dept. of Labor, Washington, D. C., for respondents.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.

GOLDBERG, Circuit Judge:

Petitioner Floyd S. Pike Electrical Contractor, Inc. (Pike) seeks review of a decision of the Occupational Safety and Health Review Commission (Commission) reversing the decision of the administrative law judge and holding that Pike had violated § 5(a)(2) of the Occupational Safety and Health Act (OSHA) of 1970, 29 U.S.C. § 654(a)(2), by failing to comply with an OSHA standard governing the shoring of trenches.

Petitioner...

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