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BANCKER CONST. CORP. v. REICH

No. 1547, Docket 93-4268.

31 F.3d 32 (1994)

BANCKER CONSTRUCTION CORP., Petitioner, v. Robert REICH, Secretary of Labor, Occupational Safety and Health Review Commission, United States Department of Labor, Respondents.

United States Court of Appeals, Second Circuit.

Decided May 20, 1994.

Attorney(s) appearing for the Case

James M. McGahan, Great Neck, NY (Martin, Van De Walle, Guarino & Donohue, of counsel), for petitioner.

Jennifer U. Toth, Attorney, U.S. Dept. of Labor, Washington, DC (Thomas S. Williamson, Jr., Sol. of Labor, Joseph M. Woodward, Associate Sol. for Occupational Safety and Health, and Ann Rosenthal, Counsel for Appellate Litigation, U.S. Dept. of Labor, of counsel), for respondent.

Before: MESKILL, MINER and MAHONEY, Circuit Judges.

PER CURIAM:

Petitioner Bancker Construction Corporation petitions for review of an October 18, 1993 final order of the Occupational Safety and Health Review Commission ("Commission") affirming a citation against Bancker for failing properly to protect employees from cave-ins during installation of a trench support system, in serious violation of 29 C.F.R. § 1926.652(e)(1)(ii), and imposing a $1000 penalty.

Bancker was engaged by New York Telephone to...

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