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DUN-PAR ENGINEERED FORM CO. v. MARSHALL

No. 80-1401.

676 F.2d 1333 (1982)

DUN-PAR ENGINEERED FORM COMPANY, Petitioner, v. Ray V. MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

April 21, 1982.

Attorney(s) appearing for the Case

Thomas M. Moore of Gould & Moore, Kansas City, Mo. (William E. Simmons of Simmons & Morris, Kansas City, Mo., with him on the briefs), for petitioner.

Ann D. Nachbar, Atty., Washington, D. C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Allen H. Feldman, Counsel for Appellate Litigation, Charles I. Hadden, Asst. Counsel for Appellate Litigation, and Eric W. Cloud, Atty., U. S. Dept. of Labor, Washington, D. C., with her on the brief), for respondents.

Before BARRETT, McKAY and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

Dun-Par Engineered Form Company appeals from an order of the Occupational Safety and Health Review Commission (OSHRC) assessing a penalty for a repeated violation of regulations promulgated pursuant to the Occupational Safety and Health Act (OSHA), 29 U.S.C. §§ 651-678. Dun-Par is a specialty subcontractor that erects and dismantles forms for the construction of concrete floors. During an inspection of a multi-employer construction...

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