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GEORGIA ELEC. CO. v. MARSHALL

No. 77-1916.

595 F.2d 309 (1979)

GEORGIA ELECTRIC COMPANY, Petitioner, v. F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

May 21, 1979.

Attorney(s) appearing for the Case

G. Paris Sykes, Jr., John P. Campbell, Atlanta, Ga., for petitioner.

F. Ray Marshall, Secretary of Labor, U. S. Dept. of Labor, Ray H. Darling, Jr., Executive Sec., OSHRC.

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for OSHRC.

Allen H. Feldman, Acting Counsel, Eric W. Cloud, Atty., U. S. Dept. of Labor, Washington, D. C., for respondents.

Before BROWN, Chief Judge, TUTTLE and THORNBERRY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In this petition for review, the Georgia Electric Company (the Company) asks us to set aside an Occupational Safety & Health Review Commission (OSHRC) order upholding the assessment of civil penalties against the Company. As a result of an Occupational Safety & Health Administration (OSHA) investigation of a fatality at a Company work site, two citations and a Notification of Proposed Penalty were issued against the Company. The...

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