Legal Opinion
Frank Irey, Jr., Inc., a Corporation v. Occupational Safety and Health Review Commission
Court of Appeals for the Third Circuit
Decided July 24, 1975No. 73-1765PublishedCited by 83 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The petitioner employer launched a broad based attack on the Occupational Safety and Health Act in this appeal. After a careful review of the record, we find that most of the assault stops short and that the constitutional challenges to the statute must fail. However, on one point there was error, and we conclude that the Occupational Safety and Health Review Commission applied an improper definition of the word “willful” in assessing one of the penalties against the petitioner. We remand for further consideration of that violation.
An employee of…
2Cases cited18 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- Helvering v. MitchellSupreme Court of the United States · 1938
- United States v. United States Coin & CurrencySupreme Court of the United States · 1971
- United States v. BishopSupreme Court of the United States · 1973
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3Cited by83 opinions
- Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
- State v. O'Neill Investigations, Inc.Alaska Supreme Court · 1980
- Wehr v. Burroughs Corp.Court of Appeals for the Third Circuit · 1980
- United States v. One 1976 Mercedes Benz 280S, Serial No. 11602012072193Court of Appeals for the Seventh Circuit · 1980
- Diamond Roofing Co., Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, S. D. Mullins Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, Lance Roofing Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
78 more not listed; retrieve them via the Exa API.