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H-30, INC. v. MARSHALL

No. 77-1759.

597 F.2d 234 (1979)

H-30, INC., Petitioner, v. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided April 25, 1979.

Attorney(s) appearing for the Case

James D. Oliver, of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for petitioner.

Charles I. Hadden, U.S. Dept. of Labor, Washington, D.C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for Appellate Litigation, and Dennis K. Kade, Asst. Counsel for Appellate Litigation, Washington, D.C., with him on the brief), for respondent Secretary of Labor.

Before SETH, Chief Judge, and BARRETT and McKAY, Circuit Judges.

SETH, Chief Judge.

This is a petition to review an order of the Occupational Safety and Health Review Commission sought under 29 U.S.C. § 660(a).

The petitioner was cited for a "serious violation" by the Secretary of Labor after a representative of an area office visited the location of an oil and gas well being drilled by petitioner. The citation was under the "general duty" clause, section 5(a)(1) of the Occupational Safety and Health Act (29 U.S.C...

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