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FABI CONST. CO., INC. v. SECRETARY OF LABOR

No. 06-1244.

508 F.3d 1077 (2007)

FABI CONSTRUCTION COMPANY, INC. and Pro Management Group, Petitioners v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 27, 2007.

Attorney(s) appearing for the Case

Joseph P. Paranac, Jr. argued the cause and filed the briefs for petitioners.

John Shortall, Attorney, U.S. Department of Labor, argued the cause for respondent. With him on the brief were Joseph M. Woodward, Associate Solicitor, and Nathaniel I. Spiller, Senior Counselor. Michael P. Doyle, Attorney, entered an appearance.

Steven D. Gordon argued the cause for amici curiae Building Contractors Association of New Jersey, et al. in support of petitioners. With him on the brief were Michael A. Branca and Stephen C. Yohay.

Before: GINSBURG, Chief Judge, and SENTELLE and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

Petitioners, Fabi Construction, Inc. and Pro Management Group, seek review of the Occupational Safety and Health Review Commission's (Commission's) affirmance of several citations for violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678, (OSH Act) and regulations promulgated under it. We deny review of the Commission's affirmance of violations...

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