Legal Opinion

Cedar Construction Company v. Occupational Safety and Health Review Commission and Secretary of Labor, F. Ray Marshall

Court of Appeals for the D.C. Circuit

Decided October 20, 1978No. 77-1538PublishedCited by 27 opinions

1Opinion of the Court

Opinion

2Per curiam

Petitioner in this direct review proceeding challenges an order of the Occupational Safety and Health Review Commission (the Commission) finding that petitioner “willfully” violated two Occupational Safety and Health Administration (OSHA) trenching regulations.

Petitioner is a Nebraska corporation in the business of digging trenches and installing sewer and utility pipes. On May 17, 1974, one of its employees was killed by a cave-in of a trench it was excavating along Cornhusker Highway in Lincoln, Nebraska. Investigation revealed that groundwater had eroded the loose soil at the bottom…

3Cases cited8 opinions

  1. Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
  2. Frank Irey, Jr., Inc., a Corporation v. Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1975
  3. Intercounty Construction Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1975
  4. United States v. Dye Construction Company, a CorporationCourt of Appeals for the Tenth Circuit · 1975
  5. F. X. Messina Construction Corp. v. Occupational Safety and Health Review Commission, and the Secretary of LaborCourt of Appeals for the First Circuit · 1974

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4Cited by27 opinions

  1. United States v. Kyle Jones, United States of America v. Gary NeilCourt of Appeals for the Fourth Circuit · 1984
  2. Brock v. L.R. Willson & Sons, Inc.Court of Appeals for the D.C. Circuit · 1985
  3. Van Dunk v. Reckson Associates Realty Corp.Supreme Court of New Jersey · 2012
  4. The Ensign-Bickford Company v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1983
  5. L. R. Willson & Sons, Inc. v. Raymond L. Donovan, Secretary of Labor, United States Department of LaborCourt of Appeals for the D.C. Circuit · 1982

22 more not listed; retrieve them via the Exa API.

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