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NYFFELER CONST., INC. v. SECRETARY OF LABOR

No. 13-1933.

760 F.3d 837 (2014)

NYFFELER CONSTRUCTION, INCORPORATED, Plaintiff-Appellant v. SECRETARY OF LABOR, Defendant-Appellee Andrea Christensen Luby; Office of the Solicitor, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2014.

Attorney(s) appearing for the Case

Kenneth Michael Wentz, III , argued, Omaha, NE, ( Adam Jacob Vergne , on the brief), for Plaintiff-Appellant.

Ann Capps Webb , argued, Washington, DC, for Defendant-Appellee.

Before SMITH, BEAM, and SHEPHERD, Circuit Judges.

BEAM, Circuit Judge.

Nyffeler Construction, Inc. (Nyffeler) petitions for review of an adverse agency decision by the Occupational Safety and Health Review Commission (Review Commission). Because we lack jurisdiction over this untimely petition, we dismiss.

I. BACKGROUND

Nyffeler is a residential construction company operating in Omaha, Nebraska. On February 24, 2011, while inspecting a nearby worksite, Occupational Safety and Health Administration...

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