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MALLARD BAY DRILLING, INC. v. HERMAN

No. 99-60124.

212 F.3d 898 (2000)

MALLARD BAY DRILLING, INC., Petitioner, v. Alexis HERMAN, Secretary of Labor, United States Department of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

June 2, 2000.

Attorney(s) appearing for the Case

Patrick Joseph Veters (argued), John L. Duvieilh, Jones, Walker, Waechter, Poitevent, Carrier & Denegre, New Orleans, LA, for Petitioner.

Ronald J. Gottlieb (argued), Washington, DC, Ann S. Rosenthal, U.S. Dept. of Labor, Ray H. Darling, Executive Secretary, Occupational Safety Health Administration, Henry L. Solano, Solicitor, U.S. Dept. of Labor, Office of Solicitor, Washington, DC, for Respondent.

Before POLITZ and DAVIS, Circuit Judges, and RESTANI, Judge.

W. EUGENE DAVIS, Circuit Judge:

Mallard Bay Drilling, Inc. ("Mallard") appeals the order of the Occupational Safety and Health Review Commission affirming a citation issued against it by the Occupational Safety and Health Administration ("OSHA"). The order affirmed the decision of the Administrative Law Judge, which found that Mallard's drilling barge—the MR. BELDON—was a "workplace" within the meaning of the Occupational Safety and Health Act ("OSH...

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