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METWEST INC. v. SECRETARY OF LABOR

No. 08-1061.

560 F.3d 506 (2009)

METWEST INC., a Subsidiary of Quest Diagnostics Incorporated, Doing Business As Quest Diagnostics, Petitioner v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 3, 2009.

Attorney(s) appearing for the Case

Brent I. Clark argued the cause for petitioner. With him on the briefs were James L. Curtis, and Elizabeth L. Ash. Lawrence P. Postol entered an appearance.

Jonathan L. Snare, Attorney, U.S. Department of Labor, argued the cause for respondent. On the brief were Joseph M. Woodward, Associate Solicitor, Charles F. James, Counsel for Appellate Litigation, and Scott Glabman, Senior Appellate Attorney.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.

RANDOLPH, Senior Circuit Judge:

The main question in this petition for judicial review of a decision of the Occupational Safety and Health Review Commission is whether MetWest, Inc. can be held liable for violating a regulation governing the removal of needles from equipment used to extract blood. Relying on Alaska Professional Hunters Association, Inc. v. FAA, 177 F.3d 1030 (D.C.Cir...

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