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R. A. POHL CONST. CO. v. MARSHALL

No. 79-1512.

640 F.2d 266 (1981)

R. A. POHL CONSTRUCTION COMPANY, Petitioner, v. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

February 3, 1981.

Attorney(s) appearing for the Case

Thomas M. Moore, of Gould & Moore, P. C., Kansas City, Mo., for petitioner.

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 and Health, Allen H. Feldman, Counsel for Appellate Litigation, Washington, D. C., and Tedrick A. Housh, Regional Sol., Kansas City, Mo., with him on the brief), for respondents.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and PALMIERI, District Judge.

SETH, Chief Judge.

This matter comes before us on the petition of R. A. Pohl Construction Company for review of an order of the Occupational Safety and Health Review Commission. This order adopted the decision of the administrative law judge.

An employee of petitioner was killed in a tragic accident while working in a sewer trench being dug by petitioner. OSHA inspected the work site and cited the Company for a willful...

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