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SCALIA v. RED LAKE NATION FISHERIES, INC.

No. 19-3373.

982 F.3d 533 (2020)

Eugene SCALIA, Petitioner v. RED LAKE NATION FISHERIES, INC., Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: December 4, 2020.

Attorney(s) appearing for the Case

John X. Cerveny , Occupational Safety & Health Review Commission, Office of the Executive Secretary, Mark J. Lerner , U.S. Department of Labor, Occupational Safety & Health Administration, Washington, DC, for Petitioner.

Joseph Plumer , Plumer Law Office, Bemidji, MN, Riley Plumer , Hobbs & Straus, Washington, DC, for Respondent.

Bethany L. Davidson , Richard Alan Duncan , Joshua Todd Peterson , Faegre & Drinker, Minneapolis, MN, for Amicus on Behalf of Respondent Shakopee Mdewakanton Sioux Community.

Derrick Beetso , NCAI Fund, Daniel David Lewerenz , Native American Rights Fund, Washington, DC, for Amicus on Behalf of Respondent NCAI Fund.

Before BENTON, SHEPHERD and KELLY, Circuit Judges.

Red Lake Nation Fisheries, Inc. received two citations under the Occupational Safety and Health Act, 29 U.S.C. §§ 651-78. The Occupational Safety and Health Review Commission dismissed them. The Secretary of Labor appeals. Having jurisdiction under 29 U.S.C. § 660(b), this court denies the petition for review...

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