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WAL-MART STORES EAST, LP v. ACOSTA

No. 17-2647.

919 F.3d 1073 (2019)

WAL-MART STORES EAST, LP, doing business as Walmart Distribution Center # 7035, Petitioner v. Alexander ACOSTA, Secretary of Labor, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: March 28, 2019.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner was Steven R. McCown , of Austin, TX.

Counsel who presented argument on behalf of the respondent was A. Scott Hecker , U.S. Department of Labor, Washington, DC. Also appearing on this brief was Cynthia Liao , U.S. Department of Labor, Washington, DC.

Before COLLOTON, BEAM, and GRASZ, Circuit Judges.

The Occupational Safety and Health Administration ("OSHA") cited Wal-Mart Stores East, L.P., doing business as Wal-Mart Distribution Center #7035 ("Wal-Mart"), for two purported violations of OSHA's regulation relating to bloodborne pathogens, 29 C.F.R. § 1910.1030. More specifically, OSHA alleged Wal-Mart failed to comply...

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