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TRICIL RESOURCES, INC. v. BROCK

No. 87-3377.

842 F.2d 141 (1988)

TRICIL RESOURCES, INC., Petitioner, v. William E. BROCK, III, Secretary of Labor; Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided February 5, 1988.

Attorney(s) appearing for the Case

David H. Shaffer, Michael J. Spetrino, argued, Joondeph & Shaffer, Akron, Ohio, for petitioner.

Ray Darling, Secretary of OSHRC, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., Barbara A.W. McConnell, S. Lord, George R. Salem, argued, for respondents.

Before NELSON and BOGGS, Circuit Judges, and ALLEN, Senior District Judge.

BOGGS, Circuit Judge.

Tricil Resources, Inc. challenges the final decision of the Occupational Safety and Health Review Commission (the Commission) upholding the decision of the Secretary of Labor (the Secretary) that it does not qualify for the political subdivision exemption of the Occupational Safety and Health Act, 29 U.S.C. § 652(5)1, and consequently, must comply with a citation and penalty issued against it. Upon review of...

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