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CHAO v. SYMMS FRUIT RANCH, INC.

No. 98-71513.

242 F.3d 894 (2001)

Elaine CHAO, Secretary of Labor, Petitioner, v. SYMMS FRUIT RANCH, INC.; Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2001.

Attorney(s) appearing for the Case

Lee Grabel, United States Department of Labor, Washington, D.C., for the petitioner.

Candy W. Dale, Hall, Farley, Oberrecht & Blanton, P.A., Boise, Idaho, for the respondents.

Before: REAVLEY, FERNANDEZ and THOMAS, Circuit Judges.

REAVLEY, Circuit Judge:

The Secretary of Labor (Secretary) petitions for review of a final order of the Occupational Safety and Health Review Commission (Commission). The Commission affirmed an order of an administrative law judge (ALJ), who held that respondent, Symms Fruit Ranch, Inc. (Symms), had violated an Occupational Safety and Health Administration (OSHA) safety regulation but that the violation was "de minimis" and the assessment of a penalty was therefore...

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