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McLEAN-BEHM STEEL EREC. v. O. S. & H. REVIEW COM'N

No. 79-1073.

608 F.2d 580 (1979)

McLEAN-BEHM STEEL ERECTORS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and F. Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

December 17, 1979.

Attorney(s) appearing for the Case

Stokes & Shapiro, Ira J. Smotherman, Jr., Atlanta, Ga., for petitioner.

Ronald R. Glancz, Al J. Daniel, Jr., Dept. of Justice, Allen H. Feldman, John A. Bryson, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before FAY, RUBIN and HATCHETT, Circuit Judges.

FAY, Circuit Judge:

Pursuant to 29 U.S.C. § 660(a) (1976), petitioner McLean-Behm seeks review of an order and decision of the Occupational Safety and Health Review Commission [Commission] affirming a citation and monetary penalty for violation of certain construction safety regulations. We consider whether the Commission erred in affirming the administrative law judge's amendment of the citation after the evidentiary...

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