REICH v. SIMPSON, GUMPERTZ & HEGER, INC.

No. 92-2237.

3 F.3d 1 (1993)

Robert B. REICH, Secretary of Labor, Petitioner, v. SIMPSON, GUMPERTZ & HEGER, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, First Circuit.

Decided August 20, 1993.


Attorney(s) appearing for the Case

Bruce Justh, with whom Marshall J. Breger, Sol. of Labor, Judith E. Kramer, Deputy Sol. of Labor, and Joseph M. Woodward, Associate Sol. for Occupational Safety and Health, Washington, DC, were on brief, for petitioner.

David J. Hatem, with whom Maura A. Greene and Burns & Levinson, Boston, MA, were on brief, for respondents.

Mark A. Casso, Arthur E. Schwartz, Elizabeth A. Davis, Robert C. Gombar, Arthur G. Sapper, and McDermott, Will & Emery, Washington, DC, on brief, for amici curiae The American Consulting Engineers Council, The Nat. Soc. of Professional Engineers, and The American Institute of Architects.

Before BREYER, Chief Judge, SELYA and STAHL, Circuit Judges.


STAHL, Circuit Judge.

In this appeal, the Secretary of Labor ("the Secretary") challenges a decision of the Occupational Safety and Health Review Commission ("the Commission") granting summary judgment1 in favor of appellee Simpson, Gumpertz & Heger, Inc. ("SGH"). We affirm.

I.

Standard of Review

We review the Commission's decision to determine whether its factual...

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