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WESTERN WATERPROOFING CO., INC. v. MARSHALL

No. 77-1324.

576 F.2d 139 (1978)

WESTERN WATERPROOFING CO., INC., Petitioner, v. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided May 9, 1978.

Rehearing Denied June 2, 1978.

Attorney(s) appearing for the Case

Thomas M. Moore (argued), and Richard W. Miller of Miller, Simmons, Moore & Jung, Kansas City, Mo., on brief, for petitioner.

Charles I. Hadden, Atty. U. S. Dept. of Labor, Washington, D. C. (argued), Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for OS&HRC, Michael H. Levin, Counsel for App. Litigation, and Allen H. Feldman, Asst. Counsel for App. Litigation, Washington, D. C., for respondents.

Before BRIGHT, STEPHENSON and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 1978.

STEPHENSON, Circuit Judge.

Appellant, Western Waterproofing Co., Inc. (Western), appeals from an Occupational Safety and Health Review Commission (Review Commission) decision finding Western in willful violation of the Occupational Safety and Health Act of 19701 (Act).2 In substance, the Review Commission found that Western had willfully failed to...

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