CAPITAL ELEC. LINE BUILDERS OF KANSAS v. MARSHALL

No. 80-1711.

678 F.2d 128 (1982)

CAPITAL ELECTRIC LINE BUILDERS OF KANSAS, INC., Petitioner, v. Ray MARSHALL, Secretary of Labor, Respondent.

United States Court of Appeals, Tenth Circuit.

May 12, 1982.


Attorney(s) appearing for the Case

Ronald C. Spradley, Spradley & Wirken, Kansas City, Mo. (with Frederick H. Riesmeyer, II, Kansas City, Mo., and with H. C. Cleveland, III of Saunders, Snyder, Ross & Dickson, P. C., Denver, Colo., on the brief), for petitioner.

Ann Nachbar, Dept. of Labor, Washington, D. C. (with Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Dennis K. Kade, Associate Counsel for Appellate Litigation, and Tedrick A. Housh, Jr., Regional Sol., Washington, D. C., on the brief), for respondent.

Before McWILLIAMS and McKAY, Circuit Judges, and ANDERSON, District Judge.


McKAY, Circuit Judge.

This petition for review filed by Capital Electric Line Builders of Kansas, Inc. challenges the determination of an Occupational Safety and Health Review Commission (OSHRC) administrative law judge (ALJ) that Capital Electric willfully violated three safety standards under the Occupational Safety and Health Act (OSHA), 29 U.S.C. §§ 651-678. During an investigation of a fatality at a site where Capital Electric employees were working...

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