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UNIVERSAL CONST. CO., INC. v. O.S.H.R.C.

No. 98-9519.

182 F.3d 726 (1999)

UNIVERSAL CONSTRUCTION COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

June 28, 1999.

Attorney(s) appearing for the Case

Roy Bash (William E. Quirk and Michael J. Elston with him on the brief), Shughart Thomson & Kilroy, P.C., of Kansas City, Missouri, for the petitioner.

Bruce Justh, Counsel for Appellate Litigation, (Marvin Krislov, Deputy Solicitor for National Operations, and Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, with him on the brief), U.S. Department of Labor, of Washington, D.C., for the respondent.

Before KELLY, McWILLIAMS, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Petitioner Universal Construction Company appeals a final order of the Occupational Safety and Health Review Commission affirming the imposition of a penalty against Universal under the "multi-employer worksite" doctrine, based on a subcontractor's violation of construction safety standards. We affirm.

The parties have stipulated to certain facts. Universal is a general contractor engaged in the construction business. In December 1996...

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