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SECRETARY OF LABOR v. WHITEHOUSE & SONS

No. 1997-CA-000395-MR.

977 S.W.2d 250 (1998)

SECRETARY OF LABOR, Commonwealth of Kentucky, Appellant, v. IRVIN H. WHITEHOUSE & SONS, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Supreme Court September 4, 1998.

Attorney(s) appearing for the Case

Lori Barker Sullivan, Kentucky Labor Cabinet, Frankfort, for Appellant.

Laurence J. Zielke, Licha H. Farah, Jr., Frank G. Simpson, III, Louisville, for Appellee.

Before COMBS, DYCHE and SCHRODER, JJ.

COMBS, Judge.

The Secretary of Labor, Commonwealth of Kentucky (the Secretary), appeals from the opinion and order of the Franklin Circuit Court dismissing the citation issued by the Kentucky Labor Cabinet, Division of Occupational Safety and Health Compliance (KY-OSH) to Irvin H. Whitehouse & Sons (Whitehouse). The Secretary argues on appeal that the circuit court erred in dismissing the citation. We agree; hence, we vacate and remand the order of the circuit...

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