SABINE CONSOL., INC. v. STATE

Nos. 1069-88, 1070-88.

806 S.W.2d 553 (1991)

SABINE CONSOLIDATED, INC., & Joseph Tantillo, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Overruled April 3, 1991.


Attorney(s) appearing for the Case

Frank Maloney, S. Belinda Davis Wright, S. Ronald Keister, Austin, for appellants.

Ken Oden, County Atty., Alia Moses and Giselle Horton, Asst. County Attys., Robert Huttash, State's Atty. and Matthew W. Paul, Asst. State's Atty., Austin, for State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

The issue we consider in this case is whether the Occupational Safety and Health Act of 1970 (OSHA or the Act) (29 U.S.C. § 651 et seq. 1982), preempts Texas from prosecuting appellants for criminally negligent homicide under Tex.Penal Code Ann. § 19.07.

Appellant Tantillo was the president of appellant Sabine Consolidated, Inc. (Sabine). Both appellants pled nolo...

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