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LAKELAND ENTERPRISES OF RHINELANDER v. CHAO

No. 03-3697.

402 F.3d 739 (2005)

LAKELAND ENTERPRISES OF RHINELANDER, INCORPORATED, Petitioner, v. Elaine L. CHAO, Secretary of Labor, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 28, 2005.

Attorney(s) appearing for the Case

John H. Zawadsky (argued), Reinhart, Boerner, Van Deuren, Norris & Rieselbach, Madison, WI, for Petitioner.

Lee Grabel (argued), David Zeigler, Occupational Safety & Health Administration, Washington, DC, for Respondent.

Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

This is a review of a decision of the Occupational Safety and Health Review Commission (OSHRC) assessing a $49,000 civil penalty against Lakeland Enterprises of Rhinelander, Inc., for willful violation of 29 C.F.R. § 1926.652(a)(1), which requires that workers in excavation trenches be protected from cave-ins. Lakeland argues that the evidence collected at its excavation site should have been suppressed because the surprise inspection by...

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