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S.A. HEALY CO. v. OCCUPATIONAL SAFETY REVIEW COM'N

Nos. 95-2421, 95-2907.

96 F.3d 906 (1996)

S.A. HEALY COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Robert B. Reich, Secretary of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 18, 1996.

Attorney(s) appearing for the Case

Juris Kins (argued), James L. Fox, Abramson & Fox, Chicago, IL, for petitioner.

Steven J. Mandel, Allen H. Feldman, Department of Labor, Appellate Litigation, Washington, DC, Richard J. Fiore, Department of Labor, Chicago, IL, Edward D. Sieger (argued), Thomas S. Williamson, Jr., Department of Labor, Office of Solicitor, Washington, DC, for respondent Robert B. Riech.

Steven J. Mandel, Allen H. Feldman, Department of Labor, Appellate Litigation, Washington, DC, Edward D. Sieger (argued), Ray Darling, Jr., Occupational Safety & Health Review Commission, Washington, DC, for respondent Occupational Safety and Health Review Commission.

Before CUMMINGS, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

On November 10, 1988, three employees died in a methane gas explosion in the Crosstown Seven North Tunnel, a sewage tunnel S.A. Healy Company was building in Milwaukee. The Occupational Safety and Health Administration (OSHA) investigated the explosion and cited Healy for 68 wilful violations of its standards. 29 U.S.C. § 666(a). Forty-nine of the violations related to standards that apply when explosive gas is likely to be present...

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