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CHAO v. OCCUPATIONAL SAFETY AND HEALTH REVIEW

No. 03-60958.

401 F.3d 355 (2005)

Elaine CHAO, Secretary, Department of Labor, Petitioner-Cross-Respondent, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, and Erik K. Ho; Ho Ho Ho Express, Inc.; and Houston Fruitland, Inc., Respondents-Cross-Petitioners.

United States Court of Appeals, Fifth Circuit.

February 21, 2005.

Attorney(s) appearing for the Case

Charles Franklin James, Ann S. Rosenthal (argued), Howard M. Radzely, U.S. Dept. of Labor, Washington, DC, for Petitioner-Cross-Respondent.

Ray H. Darling, Executive Secretary, Occupational Safety Health Admin., Washington, DC, for Respondent.

Tom M. Davis, Jr., Davis, Oretsky & Guilfoyle, Houston, TX, Michael H. Rubin (argued), McGlinchey Stafford, Baton Rouge, LA, for Respondents-Cross-Petitioners.

James B. Coppess, AFL-CIO, Washington, DC, for American Fed. of Labor and Congress of Indus. Organizations, Amicus Curiae.

Thomas Herman Strong, Ronald Wayne Taylor, Venable, Baltimore, MD, for Associated Builders & Contractors, Inc., Amicus Curiae.

Before BARKSDALE, GARZA and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

This appeal stems from a final order of Respondent Occupational Safety and Health Review Commission (the "Commission"), which vacated in part citations issued by Petitioner-Cross-Respondent Elaine Chao, Secretary of Labor (the "Secretary"), against Respondents-Cross-Petitioners Eric K. Ho ("Ho"), et al. (together, "Ho Respondents"). For the following reasons, we DENY the petitions for review and AFFIRM the decision of the Commission....

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