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NAT. ASS'N OF HOME BUILDERS v. OSHA.

No. 09-1053.

602 F.3d 464 (2010)

NATIONAL ASSOCIATION OF HOME BUILDERS, et al., Petitioners v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION and Department of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 2010.

Attorney(s) appearing for the Case

Arthur G. Sapper argued the cause for petitioners. With him on the briefs were James A. Lastowka, Duane J. Desiderio, Robin S. Conrad, and Quentin Riegel.

Ronald J. Gottlieb, Attorney, U.S. Department of Labor, argued the cause for respondents. With him on the brief were Carol A. De Deo, Deputy Solicitor, Joseph M. Woodward, Associate Solicitor, and Michael P. Doyle, Attorney. Charles F. James, Attorney, U.S. Department of Labor, entered an appearance.

Victoria L. Bor argued the cause for amici curiae AFL-CIO and Building and Construction Trades Department, AFL-CIO in support of respondent. With her on the brief were Jonathan Hiatt and Lynn K. Rhinehart.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.

RANDOLPH, Senior Circuit Judge:

A driver exceeding the speed limit runs a red light and swerves onto the opposite lane. Three violations of the law against reckless driving or one? Five punches to a victim's face without provocation. One battery or five? Same result if the punches were hours apart? The financial officer of a corporation with 10,000 shareholders submits a false report to the Securities and Exchange Commission. One fraud or 10,000? These "unit-of-prosecution...

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