KENT NOWLIN CONST. v. OCCUPATIONAL SAFETY & HEALTH

No. 77-1258.

593 F.2d 368 (1979)

KENT NOWLIN CONSTRUCTION COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided March 2, 1979.


Attorney(s) appearing for the Case

Wayne E. Bingham, Pickering & Bingham, Albuquerque, N. M., for petitioner.

Nancy L. Southard, Washington, D. C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Asst. Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., Leslie Omohundro, Legal Assistant, on brief), for respondents.

Before DOYLE and LOGAN, Circuit Judges, and STANLEY, Senior District Judge.


STANLEY, Senior District Judge.

Kent Nowlin Construction Company petitions for review of an order of the Occupational Safety and Health Review Commission.

The petitioner was cited by the Secretary of Labor for a number of alleged violations of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.) and specifically of regulations promulgated by the Secretary pursuant to the Act. All but two of the alleged violations have been resolved...

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