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D & S GRADING CO., INC. v. SECRETARY OF LABOR

No. 89-8396.

899 F.2d 1145 (1990)

D & S GRADING COMPANY, INC., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied June 5, 1990.

Attorney(s) appearing for the Case

Glenville Haldi, Atlanta, Ga., for petitioner.

Daniel J. Mick, Bobbye D. Spears, Regional Sol., U.S. Dept. of Labor, Office of the Sol., Atlanta, Ga., Barbara A.W. McConnell, Office of the Sol., OSH Div., U.S. Dept. of Labor, Ann Rosenthal, Washington, D.C., for respondent.

Before CLARK, Circuit Judge, RONEY, Senior Circuit Judge, and ATKINS, Senior District Judge.

RONEY, Senior Circuit Judge:

The Occupational Safety and Health Review Commission (OSHRC) assessed penalties totalling $51,000 against D & S Grading Company based on its having committed six safety violations in a pipelaying operation. Finding five of the violations to have been "repeated" and the other "serious," the administrative law judge (ALJ) set the maximum penalty as to each. The ALJ's decision became a final...

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