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BUILDERS STEEL CO. v. MARSHALL

No. 77-1589.

622 F.2d 367 (1980)

BUILDERS STEEL COMPANY, Petitioner, v. Ray V. MARSHALL, Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1980.

Attorney(s) appearing for the Case

Richard W. Miller, and Thomas M. Moore, Miller, Simmons, Moore & Jung, Kansas City, Mo., for petitioner.

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Michael H. Levin, Washington, D. C., Counsel for Appellate Litigation, Allen H. Feldman, Asst. Counsel and Charles I. Hadden, Atty., U. S. Dept. of Labor, Washington, D. C., Daniel J. Mick, Asst. Counsel for Regional Litigation, Washington, D. C., Dennis K. Kade, Asst. Counsel for Appellate Litigation, Washington, D. C., and Diane E. Burkley, Atty., Washington D. C., for respondents.

Before HEANEY and STEPHENSON, Circuit Judges, and BECKER, Senior District Judge.

HEANEY, Circuit Judge.

This matter is before the Court for a second time. When it was first here, we refused to enforce an Occupational Safety and Health Review Commission (Commission) decision that Builders Steel Company had committed serious violations of 29 C.F.R. § 1926.105(a).1 Builders Steel Co. v. Marshall, 575 F.2d 663 (8th Cir. 1978). We remanded the matter to the Commission to permit...

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