United States Seventh Circuit

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Lakeland Enter. v. Chao, 03-3697

A civil penalty assessed against plaintiff, for willful violation of 29 C.F.R. section 1926.652(a)(1), which requires that workers in excavation trenches be protected from cave-ins, is affirmed where the administrative law judge's finding was supported by substantial evidence and was not arbitrary and capricious.

Appellate Information

  • Argued 10/26/2004
  • Decided 03/28/2005
  • Published 03/28/2005

Judges

  • SYKES, Circuit Judge., Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • John H. Zawadsky (argued), Reinhart, Boerner, Van Deuren, Norris & Rieselbach, Madison, WI, for Petitioner.

  • For Appellees:
  • Lee Grabel (argued), David Zeigler, Occupational Safety & Health Administration, Washington, DC, for Respondent.