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PBR, INC. v. SECRETARY OF LABOR

No. 80-1376.

643 F.2d 890 (1981)

PBR, INC., Petitioner, v. SECRETARY OF LABOR and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, First Circuit.

Decided March 11, 1981.

Attorney(s) appearing for the Case

Richard L. Patz, Providence, R. I., with whom Bruce M. Selya, and Selya & Iannuccillo, Inc., Providence, R. I., were on brief, for petitioner.

Shelley D. Hayes, Atty., U. S. Dept. of Labor, Washington, D. C., with whom Carin A. Clauss, Sol. of Labor, Albert H. Ross, Regional Sol., Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, and Allen H. Feldman, Counsel for Appellate Litigation, Washington, D. C., were on brief, for respondent Secretary of Labor.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, HOFFMAN, Senior District Judge.

WALTER E. HOFFMAN, Senior District Judge.

This is a petition, brought under § 11(a) of the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. § 660(a), to review an order of the Occupational Safety and Health Review Commission (OSHRC) assessing a penalty of $240 for a serious1 violation of 29 C.F.R. § 1910.212(a).2

The facts are largely undisputed. PBR, Inc., (PBR) is a manufacturing...

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