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PHOENIX ROOFING, INC. v. DOLE

No. 88-4492.

874 F.2d 1027 (1989)

PHOENIX ROOFING, INC., Petitioner, v. Elizabeth DOLE, Secretary of Labor, and Occupational Safety and Health Administration, Respondents.

United States Court of Appeals, Fifth Circuit.

June 9, 1989.

Attorney(s) appearing for the Case

Robert E. Rader, Jr., Dallas, Tex., for petitioner.

Patrick D. Gilfillan, Barbara E. Kahl, Ann Rosenthal, Ray H. Darling, Executive Secretary, OSHRC, Washington, D.C., James A. Wirz, Office of the Solicitor, Atty. for Secretary of Labor, U.S. Dept. of Labor, Dallas, Tex., for respondents.

Before GARWOOD, JONES, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The petitioner in this case contests a citation issued by the Occupational Safety and Health Administration (OSHA) for an asserted violation of certain safety regulations. Our task is twofold: On the one hand, we must determine at what point the zealous enforcement of administrative employee safety regulations becomes hypertechnical and counterproductive in light of employer compliance with...

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