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MARSHALL v. M. W. WATSON, INC.

No. 79-2321.

652 F.2d 977 (1981)

Ray V. MARSHALL, Secretary of Labor, Petitioner, v. M. W. WATSON, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided July 1, 1981.

Attorney(s) appearing for the Case

John A. Amodeo, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety & Health, Allen H. Feldman, Counsel for Appellate Litigation, and John A. Bryson, Acting Asst. Counsel for Appellate Litigation, Washington, D. C., with him on the brief), for petitioner.

Thomas M. Moore of Gould & Moore, Kansas City, Mo., for respondents.

Before SETH, Chief Judge, HOLLOWAY, Circuit Judge, and KERR, District Judge.

KERR, District Judge.

Secretary of Labor, petitioner, prosecutes this appeal from an adverse decision of the Occupational Safety and Health Review Commission (OSHRC) pursuant to § 11(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. Jurisdiction is predicated upon 29 U.S.C. § 660(b).

Respondent M. W. Watson, Inc. (Watson) was charged with two citations alleging violations of 29 C.F.R. 1926.21(b)(2) (failure to provide...

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