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CHAO v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COM'N.

No. 07-3810.

540 F.3d 519 (2008)

Elaine L. CHAO, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Manganas Painting Co., Inc., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 29, 2008.

Attorney(s) appearing for the Case

ARGUED: Ronald J. Gottlieb, U.S. Department of Labor, Washington, D.C., for Petitioner. ON BRIEF: Ronald J. Gottlieb, Charles F. James, U.S. Department of Labor, Washington, D.C., for Petitioner.

Before: COLE and GRIFFIN, Circuit Judges; SARGUS, District Judge.

OPINION

GRIFFIN, Circuit Judge.

The Secretary of Labor petitions this court for review of a final order of the Occupational Safety and Health Review Commission. The Commission affirmed in part and reversed in part a decision by an Administrative Law Judge, who affirmed the majority of citations issued to respondent Manganas Painting Co., Inc. by the Occupational Safety and Health Administration following a 1994 inspection of a worksite on the southbound...

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