TRI-STATE ROOFING & SHEET METAL v. OCC. SAF. & HEALTH REV. COM'N

No. 81-1778.

685 F.2d 878 (1982)

TRI-STATE ROOFING & SHEET METAL, INC., Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION, et al., Respondents.

United States Court of Appeals, Fourth Circuit.

Decided June 21, 1982.


Attorney(s) appearing for the Case

Ira J. Smotherman, Jr., Atlanta, Ga. (Stokes & Shapiro, Atlanta, Ga., on brief), for petitioner.

Domenique Kirchner, U. S. Dept. of Labor, Washington, D. C. (T. Timothy Ryan, Jr., Sol. of Labor, Frank A. White, Associate Sol. for Occupational Safety and Health, Washington, D. C., Marshall H. Harris, Regional Sol., Philadelphia, Pa., on brief), for respondents.

Before PHILLIPS and ERVIN, Circuit Judges, and KISER, District Judge.


PER CURIAM:

This case comes before the Court pursuant to § 11(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. §§ 651 et seq.) (the Act) on petition of Tri-State Roofing & Sheet Metal, Inc. (Tri-State) to review the final order of the Occupational Safety & Health Review Commission (Commission) issued on July 1, 1981. Tri-State, engaged as a contractor doing roofing repairs, erected a material catch platform between two...

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