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RAY EVERS WELDING v. OCCUPATIONAL SAFETY AND HEALTH REVIEW

No. 77-3581.

625 F.2d 726 (1980)

RAY EVERS WELDING CO., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided April 29, 1980.

As Amended July 17, 1980.

Attorney(s) appearing for the Case

Daniel P. Dooley, Frost & Jacobs, Cincinnati, Ohio, for petitioner.

William S. McLaughlin, Executive Secretary, O. S. H. R. C., Washington, D. C., Bettye J. Harris, Thomas L. Holzman, William G. Staton, Allen H. Sachsel, Dept. of Justice, Washington, D. C., for respondent.

Before EDWARDS, Chief Judge and WEICK and BROWN, Circuit Judges.

WEICK, Circuit Judge.

Ray Evers Welding Company (Evers), an employer, has petitioned this court to review the final decision and order of the Occupational Safety and Health Review Commission (OSHRC) holding Evers liable for an alleged serious violation of Section 5(a)(2)1 of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 654(a)(2)) for neglecting to require its employees to use appropriate personal protection equipment...

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