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JAKE'S FIREWORKS INC. v. ACOSTA

No. 17-9536.

893 F.3d 1248 (2018)

JAKE'S FIREWORKS INC., Petitioner-Appellant, v. R. Alexander ACOSTA, Secretary of Labor, United States Department of Labor, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed June 28, 2018.

Attorney(s) appearing for the Case

Eric W. Clawson , Jake's Fireworks, Inc., Pittsburg, Kansas ( Michael A. McCabe , Jake's Fireworks, Inc., Pittsburg, Kansas and Michael Baker , Munck Wilson Mandala, LLP, Dallas, Texas, with him on the briefs), for Petitioner.

Ronald J. Gottlieb , Senior Trial Attorney ( Nicholas C. Geale , Acting Solicitor of Labor, Ann S. Rosenthal , Associate Solicitor for Occupational Safety and Health, and Heather R. Phillips , Counsel for Appellate Litigation, with him on the brief), United States Department of Labor, Washington, D.C., for Respondent.

Before MATHESON, PHILLIPS, and MCHUGH, Circuit Judges.

Jake's Fireworks, Inc. ("Jake's"), a fireworks importer and distributor, assigned two employees to clean out its old facility. A fire broke out, injuring one employee and killing the other. After an Occupational Safety and Health Administration ("OSHA") inspection, the Secretary of Labor (the "Secretary") cited Jake's for...

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