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ACOSTA v. HENSEL PHELPS CONST. CO.

No. 17-60543.

909 F.3d 723 (2018)

R. Alexander ACOSTA, Secretary, Department of Labor, Petitioner, v. HENSEL PHELPS CONSTRUCTION COMPANY, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED November 26, 2018.

Attorney(s) appearing for the Case

Amy S. Tryon , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Petitioner.

Michael V. Abcarian, Esq. , Fisher & Phillips, L.L.P., Dallas, TX, for Respondent.

Victoria Louise Bor , Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, DC, for Amicus Curiae North America's Building Trades Unions.

Arthur Grushkow Sapper, Esq. , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Washington, DC, for Amici Curiae National Association of Home Builders, Texas Association of Builders, Associated Builders and Contractors, Associated General Contractors of America, Associated General Contractors-Houston, Associated General Contractors-Texas Building Branch, Texo ABC/AGG Incorporated.

Before GRAVES and COSTA, Circuit Judges, and BENNETT, District Judge.

Thirty-seven years ago, this court, in a tort case, announced that "OSHA regulations protect only an employer's own employees." Melerine v. Avondale Shipyards, Inc., 659 F.2d 706, 711 (5th Cir. Unit A 1981). That decision has endured despite the seismic shift brought about...

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