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INTERSTATE v. OCCUPATIONAL SAF. & HLTH. REVIEW COM'N

No. 94-9556.

74 F.3d 223 (1996)

INTERSTATE ERECTORS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Robert B. Reich, Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

January 23, 1996.

Attorney(s) appearing for the Case

Darrel J. Bostwick (Jeffery R. Price with him, on the brief), of Walstad & Babcock, Salt Lake City, Utah, for Petitioner.

Edward O. Falkowski, United States Department of Labor (Thomas S. Williamson, Jr., Joseph M. Woodward, Ann Rosenthal, with him, on the brief), Washington, DC, for Respondents.

Before EBEL and McKAY, Circuit Judges, and COOK, Senior District Judge.

H. DALE COOK, Senior District Judge.

Interstate Erectors, Inc. ("Interstate") seeks review of the determination of an Occupational Safety and Health Review Commission ("the Commission") administrative law judge ("ALJ") that Interstate willfully violated two safety standards under the Occupational Safety and Health Act, 29 U.S.C. §§ 651-678. Specifically, Interstate was cited for willful violations of: (1) 29 C.F.R. § 1926.105(a)1<...

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