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CH2M HILL, INC. v. HERMAN

No. 98-3282.

192 F.3d 711 (1999)

CH2M HILL, INC., Petitioner, v. Alexis HERMAN, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1999.

Attorney(s) appearing for the Case

Francis R. Croak (argued), Kevin J. Lyons and Steven L. Nelson, Cook & Franke, Milwaukee, WI; Robert C. Gombar, Arthur G. Sapper, McDermott, Will & Emery, Washington, DC, for CH2M Hill, Inc.

Charles F. James (argued), John Colwell, Department of Labor, Washington, DC, for Alexis M. Herman.

Charles F. James (argued), Department of Labor, Washington, DC; Ray Darling, Jr., Occupational Safety & Health Review Commission, Washington, DC, for Occupational Safety and Health Review Commission.

Paul M. Smith, Jenne]. & Block, Washington, DC, for American Institute of Architects, National Society of Professional Engineers, American Society of Civil Engineers and American Consulting Engineers Council.

Before BAUER, MANION and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Whenever accidental death occurs, it is human nature to place blame. During a massive construction project on the Milwaukee sewer system, three men died when methane gas located in the tunnel in which they had been working exploded. During the aftermath, the Secretary of Labor ("Secretary") issued a citation to CH2M Hill Central, Inc. ("CH2M Hill"), the firm that Milwaukee had hired as consulting engineer. On administrative review, CH2M Hill...

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