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PEREZ v. LOREN COOK CO.

No. 13-1310.

803 F.3d 935 (2015)

Thomas E. PEREZ, Secretary, United States Department of Labor, Petitioner v. LOREN COOK COMPANY, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: October 13, 2015.

Attorney(s) appearing for the Case

Charles F. James , U.S. DOJ, Office of the Solicitor, argued, Washington, DC. ( Kimberly A. Robinson , U.S. DOJ, Office of the Solicitor, on the brief), for Petitioner.

Douglas B.M. Ehlke , argued, Federal Way, WA, for respondent.

Before RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.

Following an industrial accident, the Secretary of Labor (Secretary)1 determined that the Loren Cook Company (Loren Cook) violated 29 C.F.R. § 1910.212(a)(1), which requires barrier guards on certain industrial equipment. The Secretary imposed a $490,000 fine against Loren Cook. An Administrative...

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