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REICH v. McNALLY CONSTRUCTION & TUNNELING COMPANY

No. 94-3935.

71 F.3d 208 (1995)

Robert B. REICH, Secretary of Labor, Petitioner, v. McNALLY CONSTRUCTION and TUNNELING COMPANY; The Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 7, 1995.

Attorney(s) appearing for the Case

Ann Rosenthal, Ron Gottlieb (argued and briefed), U.S. Dept. of Labor, Office of Sol., Washington, DC, for petitioner.

Keith A. Ashmus (argued and briefed), Thomas J. Piatak, Thompson, Hine & Flory, Cleveland, OH, for McNally Const. and Tunneling Co. Ray Darling, Secretary, Washington, DC, for Occupational Safety & Health Review Com'n.

Arthur G. Sapper, Robert C. Gombar (briefed), McDermott, Will & Emery, Washington, DC, Amicus Curiae American Under-ground-Const. Ass'n, National Utility Contractors Ass'n, Morrison-Knudsen Corp., Kenny Const. Co., Kiewit Const.

Before: NORRIS and SUHRHEINRICH, Circuit Judges; FORESTER, District Judge.

PER CURIAM.

Petitioner, Secretary of Labor, seeks review by this court of the final order of the Occupational Safety and Health Review Commission that vacated the Secretary's citation of respondent McNally Construction and Tunneling Company for a serious violation of 29 C.F.R. § 1926.407(b).

Having had the benefit of oral argument, and having carefully considered the record on appeal and the briefs of the parties, we agree with the conclusion of the Commission...

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