MINERAL INDUSTRIES, ETC. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

No. 79-2224.

639 F.2d 1289 (1981)

MINERAL INDUSTRIES & HEAVY CONSTRUCTION GROUP, Brown & Root, Inc., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, & Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A.

March 19, 1981.


Attorney(s) appearing for the Case

Powell, Brown & Maverick, William L. Bedman, Joe M. Stevens, Jr., Houston, Tex., for petitioner.

Anthony J. Steinmeyer, Dept. of Justice, Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Allen H. Feldman, Acting Counsel for Appellate Litigation, John A. Bryson, John R. Bradley, U. S. Dept. of Labor, Washington, D. C., Marshall Harris, Regional Sol., U. S. Dept. of Labor, Philadelphia, Pa., for respondents.

Before GOLDBERG, POLITZ and SAM D. JOHNSON, Circuit Judges.


GOLDBERG, Circuit Judge:

Mineral Industries & Heavy Construction Group, Brown & Root, Inc. ("Brown & Root") has filed this petition, pursuant to § 11(a) of the Occupational Safety and Health Act ("Act"), 29 U.S.C.A. § 660(a) (West 1976), for review of an order of the Occupational Safety and Health Review Commission ("OSHRC"). The order affirmed a penalty of $8100 against Brown & Root for the serious and willful violation of a regulation governing...

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