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NATIONAL ENGINEERING & CONTRACTING CO. v. HERMAN

No. 97-4362.

181 F.3d 715 (1999)

NATIONAL ENGINEERING & CONTRACTING COMPANY, Petitioner, v. Alexis HERMAN, Secretary of Labor; the Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 4, 1999.

Attorney(s) appearing for the Case

Kent W. Seifried (argued and briefed), Poston, Seifried & Schloemer, Covington, KY, for Petitioner.

Allen H. Feldman (briefed), Judith D. Heimlich (briefed), Nathaniel I. Spiller (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Before MERRITT and MOORE, Circuit Judges; and DUGGAN, District Judge.

DUGGAN, District Judge.

This matter is before the Court on petitioner National Engineering & Contracting Company's ("NECCO") petition for review of a final order of the Occupational Safety and Health Review Commission ("Commission"). Initially, the case was heard before Administrative Law Judge Paul J. Brady ("ALJ") who issued a decision in this matter on February 21, 1996. The Commission reviewed the findings of the ALJ and issued its final decision on September...

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