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DUANE SMELSER ROOFING CO. v. MARSHALL

No. 77-3105.

617 F.2d 448 (1980)

DUANE SMELSER ROOFING COMPANY, Petitioner, v. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided March 24, 1980.

Attorney(s) appearing for the Case

Samuel W. Barr, Detroit, Mich., for petitioner.

William S. McLaughlin, Executive Secretary, Occupational Safety and Health Review Com'n, Washington, D. C., Herman Grant, Regional Sol., Chicago, Ill., Alfred G. Albert, Benjamin W. Mintz, Michael H. Levin, William G. Staton, Dept. of Labor, Washington, D. C., for respondent.

Before KEITH, KENNEDY and MARTIN, Circuit Judges.

PER CURIAM.

Petitioner, Duane Smelser Roofing Company, Inc., appeals from a decision of the Occupational Safety and Health Review Commission, citing it specifically for having no barrier around holes in the workplace and assessing a fine of $55.00. Petitioner was not cited for any violation of a general duty in addition to the specific violation. Smelser's workplace was inspected August 21, 1973, following the death on July 30, 1973, of an employee who fell through...

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