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S.A. STORER AND SONS CO. v. SECRETARY OF LABOR

No. 02-1307.

360 F.3d 1363 (2004)

S.A. STORER AND SONS CO., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 2004.

Attorney(s) appearing for the Case

Roger L. Sabo argued the cause for the petitioner.

John Shortall, Attorney, United States Department of Labor, argued the cause for the respondent. Joseph M. Woodward, Associate Solicitor, and Ann S. Rosenthal, Counsel, United States Department of Labor were on brief. Charles F. James, Attorney, United States Department of Labor, entered an appearance.

Before: HENDERSON, TATEL and ROBERTS, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

S.A. Storer and Sons Co. (Storer) petitions for review of the citation it received from the Occupational Safety and Health Administration (OSHA), alleging that it had violated the Occupational Safety and Health Act of 1970 (OSH Act or Act)1 by failing to protect its employees from two fall hazards as they performed masonry work. Storer...

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