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EATHERLY CONST. v. LABOR AND WORKFORCE

232 S.W.3d 731 (2006)

EATHERLY CONSTRUCTION COMPANY v. TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, et al.

Court of Appeals of Tennessee, Middle Section, at Nashville.

November 29, 2006.

Attorney(s) appearing for the Case

Angus Gillis, III, Nashville, Tennessee, for the appellant, Eatherly Construction Company.

Robert E. Cooper, Jr., Attorney General and Reporter; and Warren A. Jasper, Assistant Attorney General, for the appellee, Tennessee Department of Labor and Workforce Development, the Commissioner of the Tennessee Department of Labor and Workforce Development and the Tennessee Occupational Safety and Health Review Commission.

No Tenn. R. App. P. 11 Application Filed.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which WILLIAM B. CAIN and PATRICIA J. COTTRELL, JJ., joined.

A construction company appeals the finding it violated an Occupational Safety and Health Administration regulation that prohibits employees from entering a large excavated trench that does not contain adequate protection to prevent the earthen walls from collapsing on employees...

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