MOR-FLO INDUSTRIES v. BOARD OF REVIEW

No. 900510-CA.

817 P.2d 328 (1991)

MOR-FLO INDUSTRIES, INC. and Polaris Water Heaters, Petitioners, v. BOARD OF REVIEW OF the INDUSTRIAL COMMISSION, Respondent.

Court of Appeals of Utah.

August 2, 1991.


Attorney(s) appearing for the Case

A. Robert Thorup, Ray, Quinney & Nebeker, Salt Lake City, and Richard S. Mitchell (argued), Goodman, Weiss & Freedman, Cleveland, Ohio, for petitioners.

James E. Harward, Benjamin A. Sims (argued), Indus. Com'n of Utah, Salt Lake City, for respondent.

Richard A. Steyer, Howe, Anderson & Steyer Association, Inc., Washington, D.C., for First Co., Inc., amicus curiae.

Kevin B. Belford, American Gas Ass'n, amicus curiae, Arlington, Va.

Ronald L. Rencher and Mark W. Dykes, LeBoeuf, Lamb, Leiby & MacRae, Salt Lake City, for State Industries, Inc., amicus curiae.

Joseph M. Mattingly, Gas Appliance Mfrs., Arlington, Va., for Gas Appliance Mfrs. Ass'n Inc., amicus curiae.

Before BILLINGS, ORME and RUSSON, JJ.


OPINION

BILLINGS, Associate Presiding Judge:

Petitioners seek review of a decision of the Board of Review of the Industrial Commission (Commission) upholding an order issued by its safety division requiring the removal of Polaris water heating units. The safety division issued a final removal order on August 30, 1989, claiming the Polaris did not comply with the Utah Boiler Code. Following an evidentiary hearing, an administrative law judge (ALJ) upheld...

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