SANDERSON FARMS, INC. v. PEREZ

No. 15-60215.

811 F.3d 730 (2016)

SANDERSON FARMS, INCORPORATED, Petitioner, v. Thomas E. PEREZ, Secretary, Department of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

January 22, 2016.


Attorney(s) appearing for the Case

Darren S. Harrington (argued), Key Harrington Barnes, P.C., Dallas, TX, for Petitioner.

John X. Cerveny , Charles Franklin James , Heather Renee Phillips , M. Patricia Smith , Washington, DC, Louise McGauley Betts, Esq. (argued), U.S. Department of Labor Office of the Solicitor, Occupational Safety & Health Division, Washington, DC, for Respondent.

Before SMITH, WIENER, and GRAVES, Circuit Judges.


Sanderson Farms, Inc. petitions for review of an order of the Occupational Safety and Health Review Commission (OSHRC) citing Sanderson Farms for an unguarded arbor and projecting key in violation of the mechanical power-transmission apparatus regulation, 29 C.F.R. § 1910.219. The petition for review is

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