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McKIE FORD, INC. v. SECRETARY OF LABOR

No. 98-2426.

191 F.3d 853 (1999)

McKIE FORD, INC., Petitioner, v. SECRETARY OF LABOR; United States Department of Labor; and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: September 7, 1999.

Attorney(s) appearing for the Case

Timothy L. Thomas, Rapid City, SD, argued, for Petitioner.

Charles F. James, Washington, DC, argued (Marvin Krislov, Joseph M. Woodward, Ann Rosenthal, on the brief), for Respondent.

Before: RICHARD S. ARNOLD and ROSS, Circuit Judges, and BYRNE, District Judge.

ARNOLD, Circuit Judge.

This is an appeal from a final order of the Occupational Safety and Health Review Commission upholding a citation issued to McKie Ford. The citation alleged that McKie Ford willfully violated section 5(a)(1) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1), known colloquially as "the general duty clause," by failing to furnish a place of employment free from recognized hazards likely to cause death or serious injury to employees...

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