EAST TEXAS, ETC. v. OCCUP. SAFETY, ETC.

No. 81-4186. Summary Calendar.

671 F.2d 845 (1982)

EAST TEXAS MOTOR FREIGHT, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

January 22, 1982.


Attorney(s) appearing for the Case

Charles C. Frederiksen, John V. Jansonius, Dallas, Tex., for petitioner.

Randy S. Rabinowitz, Allen H. Feldman, U. S. Dept. of Labor, Washington, D. C., Judith N. Macaluso, U. S. Dept. of Labor, Arlington, Va., for respondents.

Before CLARK, Chief Judge, RANDALL and WILLIAMS, Circuit Judges.


PER CURIAM:

This is an appeal of a penalty assessed by the Occupational Safety and Health Review Commission (OSHRC), under the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. § 651, et seq., for a "serious"1 violation of the Act. Petitioner, East Texas Motor Freight, Inc. (ETMF), was found to be in violation of the Act in not removing from service a forklift truck which was in need of repair, defective, and...

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