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DONOVAN v. WILLIAMS ENTERPRISES, INC.

Nos. 83-1687, 83-1690.

744 F.2d 170 (1984)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. WILLIAMS ENTERPRISES, INC., Respondent. WILLIAMS ENTERPRISES, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 1984.

Attorney(s) appearing for the Case

Arthur J. Amchan, Atty., Dept. of Labor, Washington, D.C., with whom Dennis K. Kade and Judith N. Macaluso, Attys., Dept. of Labor, Washington, D.C., were on the brief, for petitioner in No. 83-1687 and cross-respondent in No. 83-1690. Shelley D. Hayes, Atty., Dept. of Labor, Washington, D.C., also entered an appearance for petitioner in No. 83-1687.

James Brent Clarke, Jr., Washington, D.C., for respondent in No. 83-1687 and cross-petitioner in No. 83-1690.

Before EDWARDS, BORK and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Williams Enterprises, Inc. was one of several contractors involved in construction of the Hart Senate Office Building in Washington, D.C. After a series of on-site inspections, an OSHA compliance officer cited Williams for failing to comply with several of the construction industry safety regulations in 29 C.F.R. Part 1926 (1983). Both citations were vacated by an administrative law judge...

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