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FIELDS EXCAVATING v. SECRETARY OF LABOR

No. 03-3769.

383 F.3d 419 (2004)

FIELDS EXCAVATING, INC., Petitioner-Appellant, v. SECRETARY OF LABOR, Occupational Safety and Health Review Commission, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 9, 2004.

Attorney(s) appearing for the Case

Douglas J. Segerman (argued and briefed), James S. Savage III (briefed), McFadden, Winner & Savage, Columbus, OH, for Petitioner.

Charles F. James (argued and briefed), Ann Rosenthal (briefed), United States Department of Labor, Washington, DC, for Respondent.

Before: KEITH, MARTIN, and ROGERS, Circuit Judges.

ROGERS, Circuit Judge.

Fields Excavating, Inc. ("Fields") petitioned for review of a final order of the Occupational Safety and Health Review Commission (the "OSHRC") affirming two citations for willful violations of the excavation safety standard set forth at 29 C.F.R. § 1926.652. Because the findings of the Administrative Law Judge ("ALJ") in upholding the citations were supported by substantial evidence, we deny Fields' petition for review.

Fields...

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