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BROCK v. SCHWARZ-JORDAN, INC.

No. 84-4601.

777 F.2d 195 (1985)

William E. BROCK, Secretary of Labor, Petitioner, v. SCHWARZ-JORDAN, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

November 26, 1985.

Attorney(s) appearing for the Case

Linton W. Hengerer, Washington, D.C., Elizabeth Woodruff, U.S. Dept. of Labor, Dominique Kirchner, Washington, D.C., for petitioner.

Maxwell, Bennett, Thomas & Feldman, Richard Gary Thomas, Dallas, Tex., for respondent.

Before WISDOM, GARWOOD, and DAVIS, Circuit Judges.

PER CURIAM.

Respondent, Schwarz-Jordan, Inc. (Schwarz-Jordan), a drywall contractor, contested a citation for violating 29 C.F.R. section 1926.451(e)(10), a regulation promulgated pursuant to the Occupational Safety and Health Act of 1970, 29 U.S.C. section 651-678 (Act). An Occupational Safety and Health Administration (OSHA) administrative law judge found the company in serious violation of 29 C.F.R. section 1926.451(e)(10). Schwarz-Jordan petitioned for discretionary...

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