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STARTRAN, INC. v. OCCUPATIONAL SAFETY AND HEALTH

No. 09-60263 Summary Calendar.

608 F.3d 312 (2010)

STARTRAN, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Hilda L. Solis, Secretary, Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

June 8, 2010.

Attorney(s) appearing for the Case

Kevin Wayne Cole, Cole Law Firm, Austin, TX, for Petitioner.

Scott Glabman, U.S. Dept. of Labor, Office of Solicitor, Washington, DC, for Respondents.

Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.

GARWOOD, Circuit Judge.

StarTran, Inc., challenging its Five Hundred Dollar fine for its 2002 violation of regulations under the Occupational Safety and Health Act of 1970 (OSHA or the Act), 29 U.S.C. §§ 651-678, appeals the determination by the Occupational Safety and Health Commission (the Commission) that StarTran is not exempt from the Act under the provision of 29 U.S.C. § 652(5) stating that for purposes of the Act "`employer'.. . does not include...

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