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NELSON TREE SERVICES v. OCCUPATIONAL SAFETY HEALTH

No. 94-3705.

60 F.3d 1207 (1995)

NELSON TREE SERVICES, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Robert B. Reich, Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided August 1, 1995.

Attorney(s) appearing for the Case

Gary W. Auman (argued and briefed), Matthew D. Stokely, Dunlevey, Mahan & Furry, Dayton, OH, for Nelson Tree Services, Inc.

Ray Darling, Secretary, O.S.H.R.C., Washington, DC, for Occupational Safety & Health Review Com'n.

Barbara A.W. McConnell (argued and briefed), Barbara Werthmann, U.S. Dept. of Labor, Office of Sol., Washington, DC, for Robert B. Reich.

Before: MARTIN and SILER, Circuit Judges; JOINER, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Nelson Tree Services, Inc., appeals the final order of the Occupational Safety and Health Review Commission denying its petition for discretionary review and adopting the determination of the administrative law judge that Nelson Tree Services violated the Occupational Health and Safety Act's "general duty clause." 29 U.S.C. § 654(a)(1). Claiming that substantial evidence does not support the administrative law judge's findings...

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