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H. B. ZACHRY CO. v. OCCUPATIONAL SAFETY & HEALTH REVIEW

No. 80-1357 Summary Calendar.

638 F.2d 812 (1981)

H. B. ZACHRY COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, et al, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A

March 2, 1981.

Attorney(s) appearing for the Case

Johnston, Bowlin, Krog & Vives, Robert W. Wachsmuth, Richard L. Reed, San Antonio, Tex., for petitioner.

Carin A. Clauss, Sol. of Labor, John R. Bradley, Ben. W. Mintz, Assoc. Sol., Dennis K. Kade, Assoc. Counsel, Washington, D. C., James E. White, Reg. Sol., U. S. Dept. of Labor, Dallas, Tex., for respondents.

Before BROWN, POLITZ and TATE, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This appeal is brought by H. B. Zachry Company pursuant to a petition for review of a decision of the Occupational Safety and Health Review Commission (OSHRC) in favor of the Secretary of Labor (Secretary). The Occupational Safety and Health citation alleged that Zachry had committed a serious violation of the Act by allowing its mobil crane to come within 10 feet of energized electrical transmission lines thus creating a hazard of electrical...

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