DUVAL CORP. v. DONOVAN

No. 80-7213.

650 F.2d 1051 (1981)

DUVAL CORPORATION, Petitioner-Appellant, v. Raymond J. DONOVAN, Secretary, United States Department of Labor and Federal Mine Safety and Health Review Commission, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1981.


Attorney(s) appearing for the Case

Linda S. Rodriguez, Bilby, Shoenhair, Warnock & Dolph, P. C., Tucson, Ariz., for petitioner-appellant.

Michael A. McCord, Washington, D. C., for respondents-appellees; Cyntha L. Attwood, Counsel, Arlington, Va., on brief.

Before TANG and SKOPIL, Circuit Judges, and HAUK, District Judge.


SKOPIL, Circuit Judge:

STATEMENT OF THE CASE

Duval Corporation ("Duval") operates a mine in Arizona. It contracted with another company to build a pipeline. In December 1978, an employee of the independent contractor was electrocuted when the boom of a crane touched an overhead power line. A Mine Safety and Health Administration ("MSHA") inspector cited Duval for violating 30 C.F.R. § 55.12-71 by failing to take adequate precautions regarding the power...

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