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TRIUMPH CONST. CORP. v. SECRETARY OF LABOR

Docket No. 16-4128-ag August Term 2017.

885 F.3d 95 (2018)

TRIUMPH CONSTRUCTION CORPORATION, Petitioner-Appellant, v. SECRETARY OF LABOR, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 14, 2018.

Published Opinion Issued: March 14, 2018.

Attorney(s) appearing for the Case

JASON R. FINKELSTEIN ( Brian L. Gardner , on the brief), Cole Schotz, P.C., New York, New York, for Petitioner-Appellant.

A. SCOTT HECKER ( Nicholas C. Geale , Acting Solicitor of Labor; Ann S. Rosenthal , Associate Solicitor of Labor; Heather R. Phillips , Counsel for Appellate Litigation, on the brief), United States Department of Labor, Washington, D.C., for Respondent-Appellee.

Before: Walker, Lynch, and Chin, Circuit Judges.

In this case, petitioner Triumph Construction Corporation ("Triumph") petitions for review of a September 7, 2016, decision and order of the administrative law judge (the "ALJ"), which subsequently became a final order of the Occupational Safety and Health Review Commission (the "Commission"), affirming a citation issued to Triumph by the Occupational...

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