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NEW YORK STATE ELEC. & GAS v. SECRETARY OF LABOR

No. 604, Docket 95-4073.

88 F.3d 98 (1996)

NEW YORK STATE ELECTRIC & GAS CORPORATION, Petitioner, v. SECRETARY OF LABOR and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided July 3, 1996.

Attorney(s) appearing for the Case

James S. Gleason, Binghamton, New York (Leslie Prechtl Guy, Hinman, Howard & Kattell, Binghamton, New York, of counsel), for Petitioner.

Charles F. James, Washington, D.C. (Thomas S. Williamson, Jr., Solicitor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Barbara Werthmann, Counsel for Appellate Litigation, U.S. Department of Labor, Office of the Solicitor, Washington, D.C., of counsel), for Respondents.

Before NEWMAN, Chief Judge, and FEINBERG and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge.

Before us is an appeal from a decision and order of the Occupational Safety and Health Review Commission (Commission), dated March 24, 1995. The decision affirmed two citations and a $1,500 penalty issued against petitioner New York State Electric and Gas Corporation (NYSEG, employer or petitioner) arising from a violation of the Occupational Safety and Health Act (OSH Act or Act), 29 U.S.C. §§ 651-678 (1994), from the failure of...

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