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U.S. v. SHEAR

No. 91-1678.

962 F.2d 488 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce SHEAR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 1992.

Attorney(s) appearing for the Case

Peter Fleury, Federal Public Defender, Ft. Worth, Tex., for Bruce Shear.

Marvin Collins, U.S. Atty., Ft. Worth, Tex., Jennifer E. Levy, Trial Atty., U.S. Dept. of Justice, Washington, D.C., for U.S.

Before GARWOOD and DEMOSS Circuit Judges, and SCHWARTZ, District Judge.

GARWOOD, Circuit Judge:

Following a jury trial, defendant-appellant Bruce Shear (Shear) was convicted of a criminal violation of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 666(e) (OSHA or the Act), and now brings this appeal. We reverse.

Facts and Proceedings Below

In March 1987, Shear's employer, ABC Utilities Services, Inc. (ABC), was awarded a contract to install a water line for...

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