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ANDERSON EXCAVATING & WRECKING CO. v. SECRETARY OF LABOR

No. 97-1711.

131 F.3d 1254 (1997)

ANDERSON EXCAVATING & WRECKING CO., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 4, 1997.

Rehearing Denied February 4, 1998.

Attorney(s) appearing for the Case

Edward F. Noethe, Omaha, NE, argued, for Petitioner.

Terri P. DeLeon, Washington, DC, argued (J. Davitt McAteer, Acting Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, and Ann Rosenthal, Counsel for Appellate Litigation, on the brief), for Respondent.

Before RICHARD S. ARNOLD, Chief Judge, McMILLIAN and BEAM, Circuit Judges.

PER CURIAM.

This is a petition for review of an order of the Occupational Safety and Health Review Commission. The Commission held, with one dissenting vote, that Anderson Excavating & Wrecking Company had committed a willful violation of a regulation issued under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. The regulation involved is 29 C.F.R. § 1926.105(a), which provides, in pertinent part, that "[s]afety nets shall...

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