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FLUOR DANIEL v. OSHRC

No. 01-16462.

295 F.3d 1232 (2002)

FLUOR DANIEL, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Elaine L. Chao, Secretary of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

June 26, 2002.

Attorney(s) appearing for the Case

David Royce Wylie, D. Randle Moody, II, Haynsworth, Baldwin, Johnson & Greaves, P.A., Greenville, SC, for Petitioner.

Lillian Chaves, Ann Rosenthal, Washington, DC, for Respondents.

Before BIRCH, MARCUS and CUDAHY, Circuit Judges.

MARCUS, Circuit Judge:

Petitioner Fluor Daniel, an engineering and construction company, appeals an Occupational Safety and Health Review Commission ("OSHRC" or "the Commission") decision affirming a safety citation and penalty relating to the company's failure to provide emergency respirators at one of its facilities in Burkville, Alabama. Specifically, Fluor Daniel argues that the OSHRC reached an unreasonable conclusion and abused its discretion when it found ...

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