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UNITED PARCEL SERVICE, INC. v. BUREAU OF SAFETY & REGULATION

Docket No. 269720.

745 N.W.2d 125 (2008)

277 Mich. App. 192

UNITED PARCEL SERVICE, INC., Petitioner-Appellant v. BUREAU OF SAFETY AND REGULATION, Respondent-Appellee.

Court of Appeals of Michigan.

Decided November 15, 2007, at 9:00 a.m.

Released for Publication January 31, 2008.

Attorney(s) appearing for the Case

Dykema Gossett, PLLC (by Martin Jay Galvin and James F. Hermon), Detroit and Gibson, Dunn & Crutcher, LLP (by Baruch A. Feliner, Matthew R. Estabrook, and John W.F. Chesley), Washington, DC, for the petitioner.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Richard P. Gartner, Assistant Attorney General, for the respondent.

Price, Heneveld, Cooper, DeWitt & Litton, LLP (by Jason Leonard Budd), Grand Rapids, for the National Federation of Independent Business Legal Foundation and the Chamber of Commerce of the United States, amici curiae.

Before: MARKEY, P.J., and SAAD and WILDER, JJ.

MARKEY, P.J.

Petitioner United Parcel Service, Inc. (UPS), appeals by leave granted the circuit court's order affirming administrative rulings upholding two civil citations that alleged UPS violated Mich. Admin. Code, R. 408.13308(1), by failing to assess its aircraft repair facilities located at Lansing and Romulus to determine if hazards necessitating the use of personal protective equipment (PPE) were present. We conclude that the plain text of the rule mandates...

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