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TNT CRANE v. OCCUPATIONAL SAFETY & HEALTH

No. 22-60399.

74 F.4th 347 (2023)

TNT CRANE & RIGGING, INCORPORATED, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Julie A. Su, Secretary, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED July 19, 2023.

Attorney(s) appearing for the Case

Travis Wayne Vance (argued), Fisher & Phillips, L.L.P., Charlotte, NC, for Petitioner.

John X. Cerveny , Occupational Safety & Health Review Commission, Washington, DC, for Respondent Occupational Safety and Health Review Commission.

Brian Alan Broecker , (argued), Heather Renee Phillips , U.S. Department of Labor, Office of the Solicitor, Washington, DC, Seema Nanda , William W. Thompson , U.S. Department of Labor, Office of the Solicitor, Occupational Safety & Health Division, Washington, DC, for Respondent Julie A. Su.

Before Barksdale, Southwick, and Higginson, Circuit Judges.

A company providing crane services petitioned this court to overturn final orders of the Occupational Safety and Health Review Commission. Those orders reversed decisions by an administrative law judge that were favorable to the company. The principal dispute is whether regulations applicable to the disassembly...

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