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VALDAK CORP. v. OCCUPATIONAL SAFETY AND HEALTH

No. 95-2194.

73 F.3d 1466 (1996)

VALDAK CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; The Secretary of the United States Department of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1996.

Attorney(s) appearing for the Case

John F. Moosbrugger, Grand Forks, ND, argued, for appellant.

Bruce Justh, Washington, DC, argued (Joseph M. Woodward and Barbara Werthmann, on the brief), for appellee.

Before HANSEN, JOHN R. GIBSON and MURPHY, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Valdak Corporation appeals from an Occupational Safety and Health Review Commission decision finding Valdak in willful violation of the Occupational Safety and Health Act, 29 U.S.C. §§ 651-678 (1994). After a fifteen-year-old employee's arm was amputated when he stuck his arm in a spinning industrial dryer, the Secretary of Labor cited Valdak for a willful violation of an OSHA machine guarding standard, and assessed a $28,000...

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