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L.R. WILLSON AND SONS, INC. v. O.S.H.R.C.

Nos. 81-2101, 81-2385.

698 F.2d 507 (1983)

L.R. WILLSON AND SONS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor, United States Department of Labor, Respondents. Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. L.R. WILLSON AND SONS, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 1983.

Attorney(s) appearing for the Case

Arthur J. Amchan, Atty., Dept. of Labor, Washington, D.C., with whom Allen H. Feldman, Atty., Dept. of Labor, Washington, D.C., was on the brief for Donovan, Secretary of Labor, et al., respondents in 81-2101 and cross-petitioner in 81-2385. Edward G. Hoban and Dennis K. Kade, Attys., Dept. of Labor, Washington, D.C., also entered appearances for Donovan, Secretary of Labor, et al.

Gary Z. Nothstein, Baltimore, Md., with whom Ronald W. Taylor, Baltimore, Md., was on the brief, for L.R. Willson and Sons, Inc., petitioner in 81-2101 and respondent in 81-2385.

Before MacKINNON, GINSBURG and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge.

These are cross appeals from a final order of the Occupational Safety and Health Review Commission ("OSHRC" or the "Commission") affirming an Administrative Law Judge decision to affirm one of two Occupational Safety and Health Act ("OSHA" or the "Act")1 citations issued against the structural steel erection company of L.R. Willson and Sons, Inc....

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