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Legal Opinion

Union Tank Car, Fleet Operations v. Commissioner of Labor

Indiana Court of Appeals

Decided September 30, 1996No. 49A02-9508-CV-470PublishedCited by 11 opinions

1Opinion of the Court

OPINION

BAKER, Judge.

Appellant-petitioner Union Tank Car, Fleet Operations (UTC) appeals the trial court's affirmance of the Board of Safety Review's (Board's) assessment of five knowing violations of the Indiana Occupational Safety and Health Act of 1972 against UTC. UTC contends: 1) the Board applied an incorrect definition of "knowing" and 2) the Board's assessment of knowing violations is contrary to proper procedures and unsupported by substantial evidence.

FACTS

The facts most favorable to the Board's decision reveal that UTC is engaged in the manufacture, leasing and maintenance of…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Indiana Department of Environmental Management v. Amax, Inc.Indiana Court of Appeals · 1988
  2. Indiana Department of Natural Resources v. United Refuse Co.Indiana Supreme Court · 1993
  3. Georgia Electric Co. v. MarshallCourt of Appeals for the Fifth Circuit · 1979
  4. Peabody Coal Co. v. Indiana Department of Natural ResourcesIndiana Court of Appeals · 1994
  5. Commissioner of Labor v. Gary Steel Products Corp.Indiana Court of Appeals · 1994

3Cited by11 opinions

  1. LTV Steel Co. v. GriffinIndiana Supreme Court · 2000
  2. Worman Enterprises, Inc. v. The Boone County Solid Waste Management DistrictIndiana Supreme Court · 2004
  3. Amoco Oil Co. v. Commissioner of LaborIndiana Court of Appeals · 2000
  4. U.S. Outdoor Advertising Co. v. Indiana Department of TransportationIndiana Court of Appeals · 1999
  5. US OUTDOOR ADVERT. CO., INC. v. Ind. Dept. of Transp.Indiana Court of Appeals · 1999

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