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TRINITY MARINE NASHVILLE v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMM.

No. 00-60673.

275 F.3d 423 (2001)

TRINITY MARINE NASHVILLE, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Elaine Chao, Secretary of Labor, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

December 5, 2001.

Attorney(s) appearing for the Case

Robert E. Rader, Jr. (argued), Rader, Campbell, Fisher & Pyke, Dallas, TX, for Petitioner.

Lillian N.J. Chaves (argued), Bruce Foster Justh, Henry L. Solano, Solicitor, U.S. Dept. of Labor, Ray H. Darling, Executive Secretary, Occupational Safety Health Administration, Washington, DC, for Respondents.

Douglas B.M. Ehlke (argued), Federal Way, WA, for Shipbuilders Council of America, Amicus Curiae.

Before REAVLEY, HIGGINBOTHAM and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Petitioner Trinity Marine Nashville, Inc., ("Trinity") seeks relief from the final order of an Occupational Safety and Health Review Commission ("OSHRC") panel upholding certain safety violation citations against the company issued in 1997 by inspectors of the Occupational Safety and Health Administration ("OSHA"). These citations were based on the interpretation of the Secretary of Labor ("Secretary") of various articles of the Occupational...

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