STARK EXCAVATING, INC. v. PEREZ

No. 14-3809.

811 F.3d 922 (2016)

STARK EXCAVATING, INC., Petitioner, v. Thomas E. PEREZ, Secretary of Labor, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 2016.


Attorney(s) appearing for the Case

Jeffery Thomas Mcpherson , Attorney, Julie O'Keefe, Attorney, Armstrong Teasdale, St. Louis, MO, for Petitioner.

John X. Cerveny , Occupational Safety & Health Review Commission, Lisa A. Wilson , Attorney, Department of Labor Office of the Solicitor, Washington, DC, for Respondent.

Before MANION, ROVNER, and HAMILTON, Circuit Judges.


Stark Excavating, Inc. ("Stark"), an excavation and paving company that typically handles about 250 jobs per year throughout central and southern Illinois, was issued a number of citations at two different worksites in June, 2008, following inspections by the Occupational Safety and Health Administration (OSHA). On June 5...

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