E & R ERECTORS, INC. v. SECRETARY OF LABOR

No. 96-3276.

107 F.3d 157 (1997)

E & R ERECTORS, INC., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided February 20, 1997.


Attorney(s) appearing for the Case

John Philip Diefenderfer, Esquire, Quakertown, PA, for Petitioner.

J. Davitt McAteer, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Barbara Werthmann, Counsel for Appellate Litigation, Edward O. Falkowski, Attorney, U.S. Department of Labor, Washington, D.C., for Respondent.

Before COWEN, ALITO, and ROSENN, Circuit Judges.


Submitted under Third Circuit LAR 34.1(a) January 10, 1997.

OPINION OF THE COURT

ROSENN, Circuit Judge.

E & R Erectors, Inc. ("E & R") has petitioned this court for review of two citations and the accompanying penalty imposed upon it by the Occupational Safety and Health Review Commission ("Commission"). E & R argues that the Administrative Law Judge ("ALJ") erred in finding that E & R was the responsible employer on the worksite...

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