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ANGEL BROS. ENTERPRISES, LTD. v. WALSH

No. 20-60849.

18 F.4th 827 (2021)

ANGEL BROTHERS ENTERPRISES, LIMITED, Petitioner, v. Martin WALSH, Secretary, U.S. Department of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED December 1, 2021.

Attorney(s) appearing for the Case

Merritt Banning Chastain, III, Esq. , Ogletree Deakins Nash Smoak & Stewart, P.C., Houston, TX, for Petitioner.

Louise McGauley Betts, Esq. , U.S. Department of Labor, John X. Cerveny , Occupational Safety & Health Review Commission, Kate S. O'Scannlain , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondent.

Before JONES, COSTA, and DUNCAN, Circuit Judges.

The Occupational Safety and Health Administration cited Angel Brothers Enterprises because an employee was doing excavation work in a trench that lacked cave-in protection. An administrative law judge and the Occupational Safety and Health Review Commission affirmed the citation, found the violation to be willful, and...

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