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DONOVAN v. CAPITAL CITY EXCAVATING CO., INC.

No. 82-3215.

712 F.2d 1008 (1983)

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

United States Court of Appeals, Sixth Circuit.

May 23, 1983.

Attorney(s) appearing for the Case

James E. Culp, Dennis K. Kade, Judith N. Macaluso, U.S. Dept. of Labor, Washington, D.C., for petitioner.

Stephen D. Rowe, Kemp, Shaeffer & Rowe Co., Columbus, Ohio, for Capital City.

Paul A. Lafranchise, O.S.H.R.C., Washington, D.C., for O.S.H.R.C.

Before JONES and KRUPANSKY, Circuit Judges, and WISEMAN, District Judge.

ORDER

The Secretary of Labor seeks review of a decision by the Occupational Safety and Health Review Commission (OSHRC) which found a violation of the Occupational Safety and Health Act (OSHA) but determined that the violation was not willful. Capital City Excavating Company, Inc. (the Company) cross-petitions the OSHRC finding of violations of safety standards in regard to maintaining a trench. For the reasons stated...

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