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BUSH & BURCHETT, INC. v. REICH

No. 95-4331.

117 F.3d 932 (1997)

BUSH & BURCHETT, INC., Petitioner, v. Robert B. REICH, Secretary of Labor; The Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1997.

Attorney(s) appearing for the Case

Ray Darling, Secretary, OSHRC, Washington, DC, for Respondent Occupational Safety & Health Review Commission.

Albert A. Burchett (argued and briefed), Prestonsburg, Kentucky, for Petitioner.

Daniel J. Mick, Elizabeth Hopkins, U.S. Department of Labor, Office of the Solicitor, Washington, DC, Elizabeth Hopkins (argued and briefed), Allen H. Feldman, U.S. Department of Labor, Office of the Solicitor, Washington, DC, Deborah Pierce-Shields, Office of the Regional Solicitor, U.S. Department of Labor, Philadelphia, PA, for Respondent Robert B. Reich, Secretary of Labor.

Before: KENNEDY, BOGGS, and WOOD, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

This case arises from the issuance of three citations by the Secretary of Labor against Bush & Burchett, Inc. ("BBI") for violations of the Occupational Safety and Health Act of 1970. The violations were issued during two separate inspections at a bridge construction site. BBI contested each citation and the two cases were consolidated. BBI argues on appeal that the Occupational Safety and Health Review Commission ("OSHRC...

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