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D. HARRIS MASONRY CONTRACTING, INC. v. DOLE

No. 88-3728.

876 F.2d 343 (1989)

D. HARRIS MASONRY CONTRACTING, INC., Petitioner, v. Elizabeth DOLE, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided June 6, 1989.

Attorney(s) appearing for the Case

Henry G. Beamer, Metz, Cook, Welsh & Beamer, Pittsburgh, Pa., for petitioner.

Jerry G. Thorn, Acting Sol. of Labor, Allen H. Feldman, Associate Sol., Mary-Helen Mautner, Counsel for Appellate Litigation, Christine L. Owens, Atty. U.S. Dept. of Labor, Washington, D.C., for respondents.

Before: SEITZ, SLOVITER and GREENBERG, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) April 27, 1989.

OPINION OF THE COURT

SEITZ, Circuit Judge.

D. Harris Masonry Contracting, Inc., a masonry subcontractor, has filed a petition for review of an order of the Occupational Safety and Health Review Commission finding it guilty of an other than serious violation of 29 C.F.R. § 1926.500(b)(8).

The facts adduced before the Administrative Law Judge are quite simple. During the inspection...

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