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DONOVAN v. MICA CONST. CO.

No. 82-1377.

699 F.2d 431 (1983)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. MICA CONSTRUCTION COMPANY and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided February 9, 1983.

Attorney(s) appearing for the Case

T. Timothy Ryan, Jr., Sol. of Labor, Frank A. White, Associate Sol. for Occupational Safety and Health, Dennis K. Kade, Counsel for Appellate Lit., Judith N. Macaluso, Atty., U.S. Dept. of Labor, Washington, D.C., for Donovan.

Stan Miller, Miller & Goldman, A Professional Ass'n, Hot Springs, Ark., for Mica Const. Co.

Before BRIGHT, and McMILLIAN, Circuit Judges, and HARRIS, Senior District Judge.

BRIGHT, Circuit Judge.

In this petition for review, the Secretary of Labor contends that an administrative law judge (ALJ) erred in determining that respondent Mica Construction Company (Mica) had committed only a serious violation of Occupational Safety and Health Administration (OSHA) standards for protecting trenches from caving-in. After reviewing the record, we affirm.

I. Background and Administrative Proceedings.

Mica engages in water...

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