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DAKOTA UNDERGROUND, INC. v. SECRETARY OF LABOR

No. 99-1583.

200 F.3d 564 (2000)

DAKOTA UNDERGROUND, INC., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided January 7, 2000.

Attorney(s) appearing for the Case

Richard Henderson, Fargo, ND, argued, for Petitioner.

Lee Grabel, U.S. Dept. of Labor, Washington, DC, argued, for Respondent.

Before WOLLMAN, Chief Judge, LAY, and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Dakota Underground, Inc. seeks review of the Occupational Safety and Health Review Commission's determination that Dakota violated the Occupational Safety and Health Act of 1970 ("OSHA"), 29 U.S.C. §§ 651-678 (1994), and its concomitant assessment of penalties. We affirm in part, reverse in part, and remand.

I.

Dakota is in the excavation business. In August 1997, a Dakota...

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