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SOUTHERN HENS v. OCCUPATIONAL SAFETY & HEALTH

No. 18-60436.

930 F.3d 667 (2019)

SOUTHERN HENS, INCORPORATED, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; R. Alexander Acosta, Secretary, Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED July 18, 2019.

Attorney(s) appearing for the Case

Stephen James Carmody, Esq. , Brunini, Grantham , Grower & Hewes, P.L.L.C., Jackson, MS, for Petitioner.

John X. Cerveny , Occupational Safety & Health Review Commission, Washington, DC, for Respondent OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.

Ronald Joseph Gottlieb, Esq. , Kate S. O'Scannlain , U.S. Department of Labor Office of the Solicitor, Washington, DC, for Respondent R. ALEXANDER ACOSTA, SECRETARY, DEPARTMENT OF LABOR.

Before HIGGINBOTHAM, SMITH, and HIGGINSON, Circuit Judges.

A worker at a poultry processing plant operated by Southern Hens, Incorporated suffered a serious injury when her hand got caught in a machine's moving parts. Southern Hens reported the injury to the Occupational Safety and Health Administration, which conducted an inspection of the plant and then cited Southern...

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