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NAT. ENG. & CONTR. v. OCC. SAFETY & HEALTH R. COM'N

No. 86-3933.

838 F.2d 815 (1987)

NATIONAL ENGINEERING & CONTRACTING COMPANY, Petitioner, v. The UNITED STATES of America, OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

December 1, 1987.

Attorney(s) appearing for the Case

M. Robert Flanagan, Blaszak, Shilling, Coey & Bennett Co., LPA, Elyria, Ohio, for petitioner.

Ray Darling, Secretary, OSHRC, Barbara Werthman, Office of the Sol. U.S. Dept. of Labor, Washington, D.C., for respondents.

Before KRUPANSKY and RYAN, Circuit Judges, and CONTIE, Senior Circuit Judge.

PER CURIAM.

National Engineering and Contracting Company (National) petitions this court for review of the decision of the Occupational Safety and Health Review Commission (the Commission) finding it in violation of the standard at 29 C.F.R. § 1926.500(b)(7). National argues alternatively, that section 1926.500(b)(7) does not apply to the work it was performing and that the Administrative Law Judge (ALJ) erred in finding that National failed to establish the...

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