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CAPEWAY ROOFING SYSTEMS, INC. v. CHAO

No. 03-2373.

391 F.3d 56 (2004)

CAPEWAY ROOFING SYSTEMS, INC., Petitioner, v. Elaine CHAO, Secretary of Labor, Respondent.

United States Court of Appeals, First Circuit.

Decided December 10, 2004.

Attorney(s) appearing for the Case

Richard D. Wayne with whom Brian E. Lewis and Hinckley, Allen & Snyder LLP were on brief for petitioner.

Ronald J. Gottlieb, United States Department of Labor, Office of Solicitor, with whom Howard M. Radzely, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, and Ann Rosenthal, Counsel for Appellate Litigation, were on brief for respondent.

Before BOUDIN, Chief Judge, SELYA and HOWARD, Circuit Judges.

BOUDIN, Chief Judge.

Capeway Roofing Systems, Inc. ("Capeway"), a roofing contractor in Massachusetts, was fined by the Occupational Safety and Health Review Commission ("the Commission") for safety violations. It now seeks review in this court. 29 U.S.C. § 660(a) (2000). The story is quickly told, reserving details for the discussion of individual claims of error.

On April 24, 2000, two inspectors charged with...

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