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CHAO v. ROY'S CONST., INC.

No. 06-3577.

517 F.3d 180 (2008)

Elaine L. CHAO, Secretary of Labor, Petitioner v. ROY'S CONSTRUCTION, INC.; and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Filed: February 29, 2008.

Attorney(s) appearing for the Case

Ronald J. Gottlieb, (argued), Scott Glabman, U.S. Department of Labor, Office of the Solicitor, Washington, D.C., for Petitioner.

Charles S. Russell, Jr., (argued), Moore, Dodson & Russell, P.C., St. Thomas, V.I., for Respondent, Roy's Construction, Inc.

Before: SMITH, NYGAARD, and ROTH, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

The Secretary of Labor ("Secretary") petitions for review of a final order of the Occupational Safety and Health Review Commission ("Commission"). The Commission's order affirmed the order of an Administrative Law Judge ("ALJ") vacating citations that the Secretary had issued to Roy's Construction, Inc. ("Roy's"). For the reasons set forth below, we will affirm the Commission...

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