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MODERN CONTINENTAL v. OCCUPATIONAL SAFETY

No. 01-2635.

305 F.3d 43 (2002)

MODERN CONTINENTAL CONSTRUCTION COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Elaine L. Chao, United States Secretary Of Labor, Respondents.

United States Court of Appeals, First Circuit.

Decided September 30, 2002.

Attorney(s) appearing for the Case

Richard D. Wayne, with whom Debra Dyleski-Najjar and Hinckley, Allen & Snyder LLP was on brief, for petitioner.

John Shortall, Attorney, with whom Eugene Scalia, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, and Ann S. Rosenthal, Counsel for Appellate Litigation, was on brief, for respondents.

Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.

TORRUELLA, Circuit Judge.

This is a case arising under the Occupational Safety and Health Act of 1970 ("OSH Act" or the "Act"), 29 U.S.C. §§ 651-678. Petitioner Modern Continental Construction, Inc. ("MCC") seeks review of a final decision by the Occupational Safety and Health Review Commission (the "Commission"), which affirmed the citations issued against MCC under the OSH Act by the Secretary of Labor. Finding that the citations are supported by substantial...

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