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EXCEL MODULAR SCAFFOLD v. OCCUPATIONAL SAFETY

No. 19-60067.

943 F.3d 748 (2019)

EXCEL MODULAR SCAFFOLD & LEASING COMPANY, doing business as Excel Scaffold & Leasing, 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 26, 2019.

Attorney(s) appearing for the Case

Steven O. Grubbs , Sheehy, Ware & Pappas, P.C., Houston, TX, for Petitioner.

Marisa C. Schnaith , 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 WIENER, HIGGINSON, and HO, Circuit Judges.

On September 12, 2016, an employee of Excel Modular Scaffold & Leasing Company ("Excel") was killed when a scaffold he was constructing collapsed into Galveston Bay in Texas City, Texas. In the aftermath of this tragedy, the Occupational Safety and Health Administration ("OSHA") conducted an investigation...

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