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TRUE DRILLING CO. v. DONOVAN

No. 81-7033.

703 F.2d 1087 (1983)

TRUE DRILLING COMPANY, a co-partnership, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Review Commission, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1983.

Attorney(s) appearing for the Case

John L. Gallinger, Holland & Hart, Billings, Mont., for petitioner.

Domenique Kirchner, John A. Bryson, Washington, D.C., for respondent.

Before BROWNING, Chief Judge, and WALLACE and BOOCHEVER, Circuit Judges.

BROWNING, Chief Judge:

Petitioner True Drilling Company appeals a final order of the Occupational Safety and Health Review Commission affirming the Secretary of Labor's citation charging the company with a "serious violation"1 of section 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2) and 29 C.F.R. § 1910.212(a),2 by failing to install machine guarding to protect employees...

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