Legal Opinion

United States v. Dye Construction Company, a Corporation

Court of Appeals for the Tenth Circuit

Decided January 29, 1975No. 74--1176PublishedCited by 45 opinions

1Opinion of the Court

WILLIAM E. DOYLE, Circuit Judge.

Following the death of a workman in a trench cave-in, the appellant was charged with willfully failing to shore, sheet, brace, slope and otherwise support by means of sufficient strength sides of trenches in unstable or soft material sufficient to protect employees working within the trenches, five feet or more in depth. The cause which arose under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. 1 was tried to a jury.

The incident which gave rise to the problem presented here occurred on Au gust 11, 1972 while Dye Construction Company was…

2Cases cited31 opinions

  1. Spies v. United StatesSupreme Court of the United States · 1943
  2. United States v. MurdockSupreme Court of the United States · 1934
  3. Katzenbach v. McClungSupreme Court of the United States · 1964
  4. New York Central & Hudson River Railroad v. United StatesSupreme Court of the United States · 1909
  5. Polish National Alliance of the United States v. National Labor Relations BoardSupreme Court of the United States · 1944

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

3Cited by45 opinions

  1. Frizzell Construction Co. v. Gatlinburg, L.L.C.Tennessee Supreme Court · 1999
  2. United States v. Bank of New England, N.A.Court of Appeals for the First Circuit · 1987
  3. GEORGE HYMAN CONSTRUCTION COMPANY, Appellant, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Etc., AppelleeCourt of Appeals for the Fourth Circuit · 1978
  4. Horne Plumbing and Heating Company v. Occupational Safety and Health Review Commission and John T. Dunlop, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
  5. UNITED STATES of America, Plaintiff-Appellee, v. PITT-DES MOINES, INC., Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1999

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

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