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R. L. SANDERS ROOFING CO. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

No. 79-2958. Summary Calendar.

620 F.2d 97 (1980)

R. L. SANDERS ROOFING CO., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and F. Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

June 26, 1980.

Attorney(s) appearing for the Case

Stokes & Shapiro, Ira J. Smotherman, Jr., Atlanta, Ga., for petitioner.

Laura V. Fargas, U.S. Dept. of Labor, Washington, D. C., for respondents.

Before GEE, RUBIN and POLITZ, Circuit Judges.

PER CURIAM:

On June 3, 1976, the Secretary of Labor ("the Secretary") issued a citation charging that petitioner R. L. Sanders Roofing Company ("Sanders") had committed a serious violation of the "general duty" clause of the Occupational Safety and Health Act of 1970 ("OSHA" or "the Act"), 29 U.S.C. § 654(a)(1) (1976).1 The citation arose out of an accident in which one of Sanders' employees fell from the flat roof of a building on...

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