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COMTRAN GROUP, INC. v. U.S. DEPARTMENT OF LABOR

No. 12-10275.

722 F.3d 1304 (2013)

COMTRAN GROUP, INC., Petitioner, v. U.S. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eleventh Circuit.

July 24, 2013.

Attorney(s) appearing for the Case

Andrew N. Gross , Andrew N. Gross, LLC, Atlanta, GA, for Petitioner.

Benjamin Richard Botts , U.S. Dept. of Labor, San Francisco, CA, Heather R. Phillips, Hilda Solis, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for Respondent.

Before MARTIN and ANDERSON, Circuit Judges, and VINSON, District Judge.

VINSON, District Judge:

ComTran Group, Inc. ("ComTran"), petitions for review of a final decision of the Occupational Safety and Health Review Commission ("Commission"). The Commission held that ComTran violated standards under the Occupational Safety and Health Act ("OSHA" or the "Act"), 29 U.S.C. §§ 651 et seq., when one of its supervisors was caught digging in a six-feet deep trench with an unprotected five-feet high "spoil pile" at the edge of...

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