COLEMAN HAMMONS CONSTRUCT. v. OCCUPATIONAL SAFETY

No. 18-60559.

942 F.3d 279 (2019)

COLEMAN HAMMONS CONSTRUCTION COMPANY, INCORPORATED, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Eugene Scalia, Secretary, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED November 6, 2019.


Attorney(s) appearing for the Case

David Charles Goff , Wise Carter Child & Caraway, P.A., Gulfport, MS, for Petitioner.

Amy S. Tryon , U.S. Department of Labor, Office of the Solicitor, John X. Cerveny , Occupational Safety & Health Review Commission, Washington, DC, for Respondents.

Before HIGGINBOTHAM, JONES, and COSTA, Circuit Judges.


This is an appeal from the Occupational Safety and Health Review Commission's decision that a construction company's 18 working-days-late response to a citation notice that had been misplaced in the company's internal mail system demonstrated "inexcusable neglect" and barred the company from contesting the citations...

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