CARLISLE EQUIPMENT, CO. v. U.S. SECRETARY OF LABOR

No. 93-3014.

24 F.3d 790 (1994)

CARLISLE EQUIPMENT COMPANY, Petitioner, v. UNITED STATES SECRETARY OF LABOR AND OCCUPATIONAL SAFETY and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 1, 1994.


Attorney(s) appearing for the Case

Michael S. Glassman (argued and briefed), Gary L. Herfel, Dinsmore & Shohl, Cincinnati, OH, for Carlisle Equipment Co.

Ray Darling, Secretary, OSHRC, Washington, DC, Daniel J. Mick, U.S. Department of Labor, Office of the Sol., Washington, DC, William S. Kloepfer, Office of the Sol., U.S. Dept. of Labor, Cleveland, OH, for Occupational Safety & Health Review Comm'n.

Ray Darling, Secretary, OSHRC, Ann Rosenthal, Daniel J. Mick, Jennifer U. Toth (argued and briefed), U.S. Dept. of Labor, Office of the Sol., Washington, DC, William S. Kloepfer, Office of the Sol., U.S. Dept. of Labor, Cleveland, OH, for United States Secretary of Labor.

Before: JONES and SUHRHEINRICH, Circuit Judges; and McKEAGUE, District Judge.


SUHRHEINRICH, Circuit Judge.

Defendant Carlisle Equipment Co. ("Carlisle Equipment") appeals the Occupational Safety and Health Review Commission's ("the Commission") decision, holding it liable for two safety violations which occurred during renovation of the Montgomery County courthouse. The issues presented are (1) whether the Commission erred in upholding a citation against Carlisle Equipment for committing a serious violation in attempting to lift a 5800-pound...

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