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MAGCO OF MARYLAND, INC. v. BARR

Record No. 2377-99-4.

531 S.E.2d 614 (2000)

33 Va. App. 78

MAGCO OF MARYLAND, INC. v. John Mills BARR, Commissioner of Department of Labor and Industry.

Court of Appeals of Virginia, Alexandria.

August 1, 2000.

Attorney(s) appearing for the Case

Bruce M. Luchansky (Frank L. Kollman; Seth C. Berenzweig, Springfield; Juliet D. Hiznay, Arlington; Kollman & Sheehan, P.A., Baltimore, MD; Albo & Oblon, L.L.P., Arlington, on briefs), for appellant.

Ellen F. Brown, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: ANNUNZIATA, J., and DUFF and HODGES, Senior Judges.

ANNUNZIATA, Judge.

Magco of Maryland, Inc. ("Magco"), appeals from the decision of the Circuit Court of Arlington County, affirming Magco's citation by the Commissioner of Labor and Industry ("Commissioner") for a serious violation of the safety standards promulgated by the Virginia Occupational and Safety Health Program ("VOSH"), 16 VAC §§ 25-175-1926.501(b)(4) and 1926.502(i)(2), including a penalty of $7,000. Magco contends the trial court erred 1) in...

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