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CAPITAL CITY EXCAVATING CO., INC. v. DONOVAN

No. 80-3681.

679 F.2d 105 (1982)

CAPITAL CITY EXCAVATING CO., INC., Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 26, 1982.

Rehearing and Rehearing Denied July 14, 1982.

Attorney(s) appearing for the Case

Roger L. Sabo, Knepper, White, Arter & Hadden, Columbus, Ohio, for petitioner.

Baruch A. Fellner, Counsel for Regional Litigation, John R. Bradley, Washington, D. C., William S. Kloepfer, Associate Regional Sol., U. S. Dept. of Labor, Cleveland, Ohio, Anthony J. Steinmeyer, Al J. Daniel, Jr., Civ. Div., Dept. of Justice, Ann Nachbar, Robert C. Gombar, Paul A. Lafranchise, Sr., Gen. Counsel, Occupational Safety and Health Review Com'n, Washington, D. C., for respondents.

Before LIVELY and JONES, Circuit Judges, and WEICK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied July 14, 1982.

LIVELY, Circuit Judge.

Capital City Excavating Co., Inc. (Capital City) petitions for review of an order of the Occupational Safety and Health Review Commission (the Commission). The Commission's order held that Capital City's notice of contest of a citation and proposed penalty for alleged violations of the Occupational Safety and Health Act (the Act), 29 U.S.C. § 651 et seq., was untimely...

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