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GEORGE HARMS CONST. CO., INC. v. CHAO

No. 03-2215.

371 F.3d 156 (2004)

GEORGE HARMS CONSTRUCTION CO., INC., a New Jersey Corporation, Petitioner v. Elaine L. CHAO, Secretary of Labor, United States Department of Labor and Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Filed June 9, 2004.

Attorney(s) appearing for the Case

John F. Neary, (Argued), Roseland, for Petitioner.

Ronald J. Gottlieb, (Argued), United States Department of Labor, Office of the Solicitor, Washington, for Respondent, Secretary of Labor.

Before SCIRICA, Chief Judge, ROTH and McKEE, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue is whether Petitioner George Harms Construction Company is entitled to relief under the excusable neglect standard of Fed.R.Civ.P. 60(b)(1), after it failed to timely file a notice of contest to Occupational Safety and Health Administration citations and a notice of penalty delivered by certified mail. We will vacate the Occupational Safety and Health Review Commission...

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