Legal Opinion

Beall Construction Company v. Occupational Safety and Health Review Commission

Court of Appeals for the Eighth Circuit

Decided December 18, 1974No. 74-1297PublishedCited by 31 opinions

1Opinion of the Court

VAN OOSTERHOUT, Senior Circuit Judge.

The Petitioner in this matter has taken a timely appeal from an Order of the Occupational Safety and Health Review Commission (Commission) imposing a $620 fine for one serious violation and four nonserious violations of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.). This court has jurisdiction under 29 U.S.C. § 660(a).

In this court Petitioner contends: (1) the Occupational Safety and Health Act of 1970 and its enforcement procedures established by §§ 5, 6, 8, 9, 10, 11, 12 and 17 of the Act are unconstitutional on their face as…

2Cases cited8 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Curtis v. LoetherSupreme Court of the United States · 1974
  3. Helvering v. MitchellSupreme Court of the United States · 1938
  4. Pernell v. Southall RealtySupreme Court of the United States · 1974
  5. The Wilderness Society v. Rogers C. B. Morton, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1974

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

3Cited by31 opinions

  1. Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
  2. Clarkson Construction Company v. Occupational Safety and Health Review Commission and Secretary of LaborCourt of Appeals for the Tenth Circuit · 1976
  3. Accu-Namics, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, and Johnt. DunlopCourt of Appeals for the Fifth Circuit · 1975
  4. McDerment v. Mississippi Real Estate Com'nMississippi Supreme Court · 1999
  5. Arkansas-Best Freight Systems, Inc. v. Occupational Safety and Health Review Commission and the Secretary of LaborCourt of Appeals for the Eighth Circuit · 1976

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

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