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SOLIS v. LORETTO-OSWEGO RESIDENTIAL HEALTH CARE

Docket No. 11-888-ag.

692 F.3d 65 (2012)

Hilda L. SOLIS, Secretary, United States Department of Labor, Petitioner, v. LORETTO-OSWEGO RESIDENTIAL HEALTH CARE FACILITY, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 13, 2012.

Attorney(s) appearing for the Case

Jordana Wilson , Attorney, U.S. Department of Labor ( Joseph M. Woodward , Associate Solicitor of Labor for Occupational Safety and Health, and Charles F. James , Counsel for Appellate Litigation, on the brief), for M. Patricia Smith, Solicitor of Labor, Washington D.C., for Petitioner.

Subhash Viswanathan , Bond, Schoeneck & King, PLLC ( Katherine A. Ritts , on the brief), Syracuse, N.Y., for Respondent.

Before: CALABRESI, SACK, and HALL, Circuit Judges.

CALABRESI, Circuit Judge:

In 2002, the Occupational Safety and Health Administration ("OSHA") issued citations to Loretto-Oswego Residential Health Care Facility ("Loretto-Oswego") for violating employee safety standards under the Occupational Safety and Health Act (the "OSH Act"). Loretto-Oswego reached an agreement with OSHA officials settling all matters related to the citations save one: whether several violations were "repeated" under 29 U.S.C. § 666(a)...

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