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N & N CONTRACTORS v. OCCUPATIONAL SAFETY & HEALTH

No. 00-1734.

255 F.3d 122 (2001)

N & N CONTRACTORS, INCORPORATED, Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION; Alexis M. Herman, Secretary of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: May 9, 2001.

Amended: July 16, 2001.

Attorney(s) appearing for the Case

ARGUED: Randi Klein Hyatt, Kollman & Sheehan, P.A., Baltimore, Maryland, for Petitioner. John Robert Shortall, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Frank L. Kollman, Kollman & Sheehan, P.A., Baltimore, Maryland, for Petitioner. Henry L. Solano, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Bruce F. Justh, Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for Respondents.

Before WILKINS, DIANA GRIBBON MOTZ, and TRAXLER, Circuit Judges.

Petition denied by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILKINS and Judge MOTZ joined.

OPINION

TRAXLER, Circuit Judge.

N & N Contractors, Inc. ("N & N") petitions for review of an order of the Occupational Safety and Health Review Commission ("the Commission") holding that N & N violated 29 C.F.R. § 1926.501(b)(1) (1999), and assessing a penalty. We deny the petition.

I.

N & N is...

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