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REICH v. D.M. SABIA CO.

No. 95-3697.

90 F.3d 854 (1996)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Petitioner, v. D.M. SABIA COMPANY and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided July 29, 1996.

Attorney(s) appearing for the Case

J. Davitt McAteer, Acting Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Ann Rosenthal, Counsel for Appellate Litigation, Terri P. Deleon (argued), U.S. Department of Labor, Washington, D.C., for Petitioner.

Thomas J. McGoldrick, Robert T. Carlton, Jr. (argued), McAleese, McGoldrick & Susanin, King of Prussia, PA, for Respondents.

Before: ALITO, McKEE and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

The Secretary of Labor's petition for review of the decision of the Occupational Safety and Health Review Commission ("Commission")1 presents the question of whether respondent D.M. Sabia Company ("Sabia") committed a "repeated" violation of a safety standard within the meaning of 29 U.S.C. § 666(a). Applying the definition of "repeated" announced in Bethlehem Steel Corp. v....

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