J. L. FOTI CONST. v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMM.

No. 80-3806.

687 F.2d 853 (1982)

J. L. FOTI CONSTRUCTION COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; and Raymond J. Donovan, Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided September 7, 1982.


Attorney(s) appearing for the Case

Andrea Kanter Rubin, Weiner, Orkin, Abbate & Suit Company, L.P.A., Louis H. Orkin, Beachwood, Ohio, for petitioner.

Domenique Kirchner, U. S. Dept. of Labor, Anthony J. Steinmeyer, Al J. Daniel, Jr., Dept. of Justice, Washington, D. C., for respondents.

Before ENGEL and MARTIN, Circuit Judges, and ENSLEN, District Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

This case is before us pursuant to section 11(a) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 660. Petitioner J. L. Foti Construction Company seeks review of an order issued against it by the Occupational Safety and Health Review Commission.

Foti is a masonry contractor with about twenty-six employees. In 1977, Foti was engaged in replacing the facing stone of the Ohio Bell Telephone Building in Cleveland...

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