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PETERSON BROS. STEEL ERECTION CO. v. REICH

No. 93-4913.

26 F.3d 573 (1994)

PETERSON BROTHERS STEEL ERECTION COMPANY, Petitioner, v. Robert B. REICH, Secretary of Labor and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

July 21, 1994.

Attorney(s) appearing for the Case

David M. Ward, Wilson, Grosenheider & Burns, Austin, TX, for appellant.

Barbara A.W. McConnell, Barbara Werthmann, Office of Sol., U.S. Dept. of Labor, Ray H. Darling, Jr., OSHRC, Executive Sec., Washington, DC, for appellee.

Before GARWOOD and EMILIO M. GARZA, Circuit Judges, and HEAD, District Judge.

HAYDEN W. HEAD, Jr., District Judge:

Peterson Brothers Steel Erection Company ("Peterson Brothers") petitions for review from a final order of the Occupational Safety and Health Review Commission (the "Commission") affirming a citation issued under the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq. This Court has jurisdiction pursuant to 29 U.S.C. § 660(a).

The citation was issued for a violation of 29 C.F.R. § 1926.105(a...

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