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HACKNEY, INC. v. McLAUGHLIN

No. 88-2368.

895 F.2d 1298 (1990)

HACKNEY, INC., Petitioner, v. Ann McLAUGHLIN, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

February 12, 1990.

Attorney(s) appearing for the Case

Robert E. Rader, Jr. of Rader, Addison & Story, P.C., Dallas, Tex., for petitioner.

John Shortall, Attorney, U.S. Dept. of Labor (Jerry G. Thorn, Acting Sol. of Labor, Cynthia L. Attwood, Associate Sol. for Occupational Safety and Health, and Barbara Werthmann, Acting Counsel for Appellate Litigation, U.S. Dept. of Labor, with him on the brief), Washington, D.C., for respondents.

Before McKAY and LOGAN, Circuit Judges, and BOHANON, District Judge.

McKAY, Circuit Judge.

In this appeal we are asked to review an enforcement action brought by the Secretary of Labor arising from an inspection by the Occupational Safety and Health Administration of a workplace operated by Hackney, Inc. Following the inspection, the Secretary issued a citation charging that Hackney had violated the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. by failing to comply with the audiometric testing...

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