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McNULTY & CO., INC. v. SECRETARY OF LABOR

No. 00-1508.

283 F.3d 328 (2002)

A.J. McNULTY & COMPANY, INC., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 2002.

Attorney(s) appearing for the Case

Arthur G. Sapper argued the cause and filed the briefs for petitioner.

Ronald J. Gottlieb, Attorney, U.S. Department of Labor, argued the cause for respondent. With him on the brief were Joseph M. Woodward, Associate Solicitor, and Ann S. Rosenthal, Counsel. Charles F. James, Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, RANDOLPH and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Petitioner, a construction company, challenges the Occupational Safety and Health Review Commission's affirmance of a series of OSHA citations based on the company's failure to comply with workplace safety regulations. Petitioner also challenges the Commission's classification of several violations as "willful." To the extent petitioner has preserved its challenges for review, it has...

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