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KS ENERGY SERVICES, LLC v. SOLIS

No. 11-2427.

703 F.3d 367 (2012)

KS ENERGY SERVICES, LLC, Petitioner, v. Hilda L. SOLIS, Secretary of Labor, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 13, 2012.

Attorney(s) appearing for the Case

Michelle L. Jacobs (argued), Attorney, Michael Best & Friedrich LLP, Milwaukee, WI, for Petitioner.

Louise McGauley Betts (argued), Lisa A. Wilson , Attorneys, Department of Labor, Office of the Solicitor, Washington, DC, for Respondent.

Before BAUER, KANNE, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

While installing a natural-gas pipeline in Madison, Wisconsin, KS Energy Services, LLC, was cited by the Occupational Safety and Health Administration ("OSHA") for violating trench safety regulations that require companies to protect workers from dangerous cave-ins. After inspecting KS Energy's trench, OSHA issued a citation alleging a repeat violation of 29 C.F.R. § 1926.652(a)(1) for failing to provide an adequate protective system. KS...

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