L.R. WILLSON & SONS v. OSHRC

No. 97-1492.

134 F.3d 1235 (1998)

L.R. WILLSON AND SONS, INCORPORATED, Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1998.


Attorney(s) appearing for the Case

ARGUED: Frank Leo Kollman, Kollman & Sheehan, P.A., Baltimore, MD, for Petitioner. Charles Franklin James, Office of the Solicitor-Osh, United States Department of Labor, Washington, DC, for Respondent. ON BRIEF: Randi Klein Hyatt, Kollman & Sheehan, P.A., Baltimore, MD, for Petitioner. J. Davitt McAteer, Acting Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Ann Rosenthal, Counsel for Appellate Litigation, Office of the Solicitor-Osh, United States Department of Labor, Washington, DC, for Respondent.

Before RUSSELL and LUTTIG, Circuit Judges, and CAMPBELL, Senior Circuit Judge.


Affirmed in part, reversed in part, and remanded by published opinion. Judge DONALD S. RUSSELL wrote the opinion, in which Judge LUTTIG joined. Judge CAMPBELL wrote a concurring opinion.

OPINION

DONALD S. RUSSELL, Circuit Judge:

L.R. Willson and Sons, Inc. ("Willson") appeals the Occupational Safety and Health Review Commission's affirmance of a citation by the Secretary of Labor (the "Secretary") for violation of the Occupational Safety and Health...

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