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KENT NOWLIN CONST. CO. INC. v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION

No. 79-1112.

648 F.2d 1278 (1981)

KENT NOWLIN CONSTRUCTION COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

May 11, 1981.

Attorney(s) appearing for the Case

Wayne E. Bingham of Pickering & Bingham, Albuquerque, N. M., for petitioner.

Laura V. Fargas, Atty., Washington, D. C., (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., and James E. White, Regional Sol., Dallas, Tex., with her on the brief), for respondents.

Before SETH, Chief Judge, LOGAN, Circuit Judge, and TEMPLAR, District Judge.

LOGAN, Circuit Judge.

Kent Nowlin Construction Co. appeals the decision and order of the Occupational Safety and Health Review Commission (Commission) finding it guilty of willful, repeated, and serious violations of safety standards promulgated under authority of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq.

The issues raised on appeal are whether substantial evidence supports the Commission's findings that Kent Nowlin...

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