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MOUNTAIN STATES CONTRACTORS, LLC v. PEREZ

No. 15-3782.

825 F.3d 274 (2016)

MOUNTAIN STATES CONTRACTORS, LLC, Petitioner, v. Thomas PEREZ, Secretary of Labor, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 3, 2016.

Attorney(s) appearing for the Case

ARGUED: Howard M. Kastrinsky , King & Ballow, Nashville, Tennessee, for Petitioner. Juan C. Lopez , United States Department of Labor, Washington, D.C., for Respondent. ON BRIEF: Howard M. Kastrinsky , Michael D. Oesterle , Laura M. Mallory , King & Ballow, Nashville, Tennessee, for Petitioner. Juan C. Lopez , United States Department of Labor, Washington, D.C., for Respondent.

Before: DAUGHTREY, MOORE, and STRANCH, Circuit Judges.

OPINION

During construction of a bridge over the Cumberland River, a crane's boom cable snapped and the crane collapsed, shattering the glass enclosing the operator's compartment and damaging a vehicle on the adjacent highway. Mountain States Contractors, LLC challenges the affirmance of a citation and penalty...

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