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SCHRIBER SHEET METAL & ROOFERS, INC. v. UNITED STATES

No. 78-3056.

597 F.2d 78 (1979)

SCHRIBER SHEET METAL & ROOFERS, INC., Petitioner, v. UNITED STATES OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

April 13, 1979.

Attorney(s) appearing for the Case

Kenneth L. Schriber, Dayton, Ohio, Ira J. Smotherman, Jr., Stokes & Shapiro, Atlanta, Ga., for petitioner.

McNeill Stokes, Stokes & Shapiro, Atlanta, Ga., for amicus curiae National Roofing.

William S. McLaughlin, Executive Secretary, OSHRC, Washington, D. C., Michael H. Levin, Appellate Litigation, Thomas L. Holzman, U. S. Dept. of Labor, Al J. Daniel, Jr., Dept. of Justice, Washington, D. C., for respondents.

Before WEICK, LIVELY and KEITH, Circuit Judges.

ORDER

PER CURIAM.

This matter is before the court on petition for review of an order of the United States Occupational Safety and Health Review Commission (OSHRC) finding the petitioner in violation of Section 5(a)(1) of the Occupational Safety and Health Act of 1970 because of its failure to provide its employees who were working on a flat roof more than six feet above the ground with protection "by a standard railing or equivalent." Upon consideration...

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