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ADVANTA USA, INC. v. CHAO

No. 03-1438.

350 F.3d 726 (2003)

ADVANTA USA, INC., formerly known as Garst Seed Co., Petitioner, v. Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Respondent. American Seed Trade Association, Incorporated, Amicus on Behalf of Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: December 1, 2003.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner was Daniel Bukovac of Kansas City, MO. W. Dennis Cross and Lori O'Keefe Locke of Kansas City appeared on the brief.

Counsel who argued on behalf of amicus American Seed Trade Assoc. was Gil A. Abramson of Baltimore, MD. Gary Jay Kushner of Washington, D.C. appeared on the brief. (Amicus on behalf of Petitioner).

Counsel who presented argument on behalf of the respondent was Lee Grabel, U.S. Dept. of Labor, Washington, D.C.

Before WOLLMAN, BOWMAN, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

The United States Department of Labor (DOL) cited Advanta USA, Inc. (Advanta) for violating the Occupational Safety and Health Administration's (OSHA) Field Sanitation Standard (Standard), 29 C.F.R. § 1928.110, by failing to place toilet and handwashing facilities in the middle of cornfields for seasonal workers. An administrative law judge (ALJ) and the Occupational Safety and Health Review Commission (OSHRC) affirmed the citation. Because...

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