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S. J. GROVES & SONS CO. v. OCCUPATIONAL SAFETY, ETC.

No. 786 Docket No. 80-4201.

648 F.2d 95 (1981)

S. J. GROVES & SONS COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Second Circuit.

Decided May 1, 1981.

Attorney(s) appearing for the Case

Brian M. Cole, Syracuse, N. Y. (Bryant, O'Dell & Basso, Syracuse, N. Y., on the brief), for petitioner.

Judith N. Macaluso, Atty., U.S. Dept. of Labor, Washington, D.C. (Alfred G. Albert, Acting Sol., Benjamin W. Mintz, Assoc. Sol. for Occupational Safety and Health, Allen H. Feldman, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., on the brief), for respondents.

Before LUMBARD and NEWMAN, Circuit Judges, and METZNER, District Judge.

CHARLES M. METZNER, District Judge:

S. J. Groves & Sons Co. (Groves) petitions for review of an Occupational Safety and Health Review Commission (OSHRC) order holding the company in violation of 29 C.F.R. § 1926.602(a)(9)(i), a safety-standard promulgated under the Occupational Safety and Health Act of 1970 (Act). This regulation requires that all "bidirectional machines" have operational horns. 29 U.S.C. §§ 659-78. Following a fatal accident at...

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