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WAL-MART DISTRIB. CENTER #6016 v. OSHRC

No. 15-60462.

819 F.3d 200 (2016)

WAL-MART DISTRIBUTION CENTER #6016, Petitioner v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Thomas E. Perez, Secretary, Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

April 6, 2016.

Attorney(s) appearing for the Case

Steven Randolph McCown , Littler Mendelson, P.C., Austin, TX, Meyling Ly , Steven Randolph McCown (argued), Littler Mendelson, P.C., Dallas, TX, Ronald Wayne Taylor, Esq. , Venable, L.L.P., Baltimore, MD, for Petitioner.

John X. Cerveny , Occupational Safety & Health Review Commission, Scott Glabman, Esq. (argued), U.S. Department of Labor, Washington, DC, for Respondents.

Jonathan Lee Snare , Alana F. Genderson , Morgan, Lewis & Bockius, L.L.P., Washington, DC, for Amicus Curiae.

Before CLEMENT and HAYNES, Circuit Judges, and GARCIA MARMOLEJO, District Judge.

Wal-Mart Distribution Center # 6016 ("Wal-Mart") petitions for review of the decision of the Occupational Safety & Health Review Commission (the "Commission") that found that Wal-Mart failed to comply with 29 C.F.R. § 1910.132(d)(1). For the reasons that follow, we AFFIRM the Commission's conclusion that the Secretary...

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