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McLAUGHLIN v. UNION OIL CO. OF CALIFORNIA

Nos. 88-1374, 88-1832.

869 F.2d 1039 (1989)

Ann McLAUGHLIN, Secretary of Labor, Petitioner, v. UNION OIL COMPANY OF CALIFORNIA, Chicago Refinery; and Occupational Safety and Health Review Commission, Respondents. UNION OIL COMPANY OF CALIFORNIA, Petitioner, v. Ann McLAUGHLIN and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 1989.

Attorney(s) appearing for the Case

Barbara E. Kahl, U.S. Dept. of Labor, Washington, D.C., for petitioner.

Mark A. Lies, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for respondents.

Before CUMMINGS, POSNER and FLAUM, Circuit Judges.

POSNER, Circuit Judge.

This case arises out of the explosion of a pressure vessel at Union Oil Company's Chicago refinery in 1984 that killed seventeen workers. OSHA conducted an investigation, and, on January 11, 1985, cited Union Oil for three "willful" violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq., and one "serious" one. On the basis of these citations, OSHA assessed penalties against the company totaling...

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