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INDUS. SERVICES GROUP, INC. v. DOBSON

No. 22-1465.

68 F.4th 155 (2023)

INDUSTRIAL SERVICES GROUP, INC., d/b/a Universal Blastco, Plaintiff-Appellee, v. Josh DOBSON, in his official capacity as North Carolina Commissioner of Labor; Kevin Beauregard, in his official capacity as Director of the Occupational Safety and Health Division of the North Carolina Department of Labor, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 16, 2023.

Attorney(s) appearing for the Case

ARGUED: Stacey Alayne Phipps , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants. Travis Wayne Vance , FISHER & PHILLIPS, LLP, Charlotte, North Carolina, for Appellee. ON BRIEF: Joshua H. Stein , Attorney General, Victoria L. Voight , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants. David I. Klass , FISHER & PHILLIPS LLP, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wilkinson and Judge Heytens joined.

The North Carolina Occupational Safety and Health Hazard Association ("NC OSHA") issued several itemized citations to Industrial Services Group ("ISG") following the on-site deaths of two ISG employees. Soon thereafter, ISG filed for declaratory and injunctive relief against two North Carolina state officials, Josh Dobson,...

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