D.A. COLLINS CONST. CO., INC. v. SECRETARY OF LABOR

No. 1713, Docket 96-4196.

117 F.3d 691 (1997)

D.A. COLLINS CONSTRUCTION CO., INC., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, Second Circuit.

Decided July 1, 1997.


Attorney(s) appearing for the Case

Ronald G. Dunn, Gleason, Dunn, Walsh & O'Shea, Albany, NY (James E. Dering, of counsel), for petitioner.

Ronald J. Gottlieb, Office of the Solicitor, Washington, DC (J. Davitt McAteer, Acting Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Ann Rosenthal, Counsel for Appellate Litigation, U.S. Department of Labor, Washington, DC, of counsel), for respondent.

Before: VAN GRAAFEILAND, MINER and CABRANES, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

This is a petition for review of the decision of the Occupational Safety and Health Review Commission (the "Commission") finding that petitioner, D.A. Collins Construction Co., Inc. ("Collins"), violated the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (the "Act"). Collins claims that the decision is not supported by substantial evidence, as required by 29 U.S.C. § 660(a), and that it improperly...

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