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P. A. F. EQUIPMENT CO. v. OCCUPATIONAL SAFETY, ETC.

No. 79-1398.

637 F.2d 741 (1980)

P. A. F. EQUIPMENT CO., INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided December 2, 1980.

Attorney(s) appearing for the Case

Arthur T. Carter of Tate, Bruckner & Sykes, Lincoln, Neb. (William H. Bruckner of Tate, Bruckner & Sykes, Houston, Tex., with him on the brief), for petitioner.

Domenique Kirchner, Atty., 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, Counsel for Appellate Litigation, Nancy L. Southard, Asst. Counsel for Appellate Litigation, Washington, D.C., and Tedrick A. Housh, Jr., Regional Sol., Kansas City, Mo., with her on the brief), for respondents.

Before SETH, Chief Judge, LOGAN, Circuit Judge, and TEMPLAR, District Judge.

SETH, Chief Judge.

P.A.F. Equipment Co., Inc. petitions this court for review of a final order issued by the Occupational Safety and Health Review Commission finding the Company in willful violation of a safety standard and assessing a penalty of $5,600.

The major issue presented is whether, after issuance of a citation for a serious violation, and filing by the Company of a notice to contest that violation, the Secretary of Labor may amend the citation to...

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