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DAVENPORT v. SUMMIT CONTRACTORS, INC.

Record No. 1643-04-2.

612 S.E.2d 239 (2005)

45 Va. App. 526

C. Ray DAVENPORT, Commissioner, Department of Labor and Industry v. SUMMIT CONTRACTORS, INC., d/b/a SCI, Corp.

Court of Appeals of Virginia, Richmond.

May 3, 2005.

Attorney(s) appearing for the Case

Catherina F. Hutchins, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on briefs), for appellant.

Robert E. Rader, Jr., Dallas, TX (D. Stan Barnhill, Roanoke; Rader & Campbell, Dallas, TX; Woods Rogers, P.L.C., Roanoke, on brief), for appellee.

Present: Chief Judge FITZPATRICK, Judges ELDER and KELSEY.

D. ARTHUR KELSEY, Judge.

The Virginia Occupational and Safety Health Program (VOSH) issued civil penalty citations to Summit Contractors, Inc., alleging violations of the Virginia Occupational Safety and Health Act, Code § 40.1-1 et seq. (VOSHA). When Summit contested the citations, VOSH filed an enforcement action in circuit court pursuant to Code § 40.1-49.4(E). At Summit's request, the circuit court entered a summary judgment order dismissing the...

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