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BROCK v. MORELLO BROS. CONST., INC.

No. 86-1442.

809 F.2d 161 (1987)

William E. BROCK, Secretary of Labor, Petitioner, v. MORELLO BROTHERS CONSTRUCTION, INC., et al., Respondents.

United States Court of Appeals, First Circuit.

Decided January 20, 1987.

Attorney(s) appearing for the Case

John Shortall with whom George R. Salem, Deputy Sol. of Labor, John J. Hynan, Acting Associate Sol. for Occupational Safety and Health, Joseph M. Woodward, and Sandra Lord, Asst. Counsel, for Appellate Litigation, Washington, D.C., were on brief, for petitioner.

Richard A. Perras with whom M. Meredith Hayes and Edwards & Angell, Boston, Mass., were on brief, for respondent Morello Bros. Const., Inc.

Before CAMPBELL, Chief Judge, TIMBERS, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

An Administrative Law Judge for the Occupational Safety and Health Review Commission found that Morello Brothers committed several "serious violation[s]" of OSHA safety regulations, 29 U.S.C. § 666(b), but that Morello did not "willfully ... violate" these rules. 29 U.S.C. § 666(a). The Secretary of Labor seeks review of the latter finding. He argues that the evidence was strong enough to compel a conclusion of "willful" misbehavior...

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