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TIERDAEL CONST. v. OCCUPATIONAL SAFETY AND HEALTH

No. 02-9532.

340 F.3d 1110 (2003)

TIERDAEL CONSTRUCTION COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent. Associated General Contractors of America, Inc., Colorado Contractors Association, Inc., and National Utility Contractors Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 18, 2003.

Attorney(s) appearing for the Case

James J. Gonzales, Holland & Hart, LLP, Denver, CO, for Petitioner.

Ellen L. Beard, Senior Appellate Attorney, U.S. Department of Labor (Eugene Scalia, Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel I. Spiller, Deputy Associate Solicitor, with her on the brief), Washington, DC, for Secretary of Labor, Respondent.

Peter R. Nadel, Gorsuch, Kirgis, LLP, Denver, CO, filed an amici curiae brief on behalf of Associated General Contractors of America, Inc., Colorado Contractors Association, Inc. and National Utility Contractors Association, in support of Petitioner.

Before HENRY, HOLLOWAY and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Tierdael Construction Company ("Tierdael") was issued a citation alleging several serious violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678, after an inspection of their work site by a compliance officer from the Occupational Safety and Health Administration ("OSHA"). Tierdael appealed the citation to the Occupational Safety and Health Review Commission (the "Commission")....

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