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BEAVER PLANT OPERATIONS, INC. v. HERMAN

No. 99-2257.

223 F.3d 25 (2000)

BEAVER PLANT OPERATIONS, INC., Petitioner, v. Alexis M. HERMAN, Secretary of Labor; Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, First Circuit.

Decided September 7, 2000.

Attorney(s) appearing for the Case

Brent A. Singer, with whom Phillip D. Buckley, and Rudman & Winchell, LLC were on brief, for petitioner.

Lee Grabel, Attorney, U.S. Department of Labor, with whom Henry L. Solano, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, and Bruce Justh, Counsel for Appellate Litigation, were on brief, for respondent Secretary of Labor.

Before TORRUELLA, Chief Judge, LIPEZ, Circuit Judge, and SCHWARZER, Senior District Judge.

TORRUELLA, Chief Judge.

The appellant, Beaver Plant Operations, Inc., seeks review of the Final Judgment of the Occupational Health and Safety Review Commission. For the reasons discussed below, we vacate the citation.

BACKGROUND

I. Factual Background

The following facts are not in dispute. Beaver runs a wood-burning electricity plant in Livermore Falls, Maine. One of the buildings in Beaver's plant has a 140-foot tall...

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