September 13, 2012 No. 11-4077 Secretary United States Department of Labor v. Nicholas Saites, et al. OSHRC No. 99-0958

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
September 13, 2012
No. 11-4077
Secretary United States Department of Labor
v.
Nicholas Saites, et al.
(OSHRC No. 99-0958)
Present: FUENTES, HARDIMAN and ROTH, Circuit Judges
1. Motion by Petitioner Secretary Department of labor to clarify
opinion dated 8/31/12
2. Response by Altor Inc., Avcon Inc, Nicholas Saites and
Vasilios Saites
3. Reply by Petitioner.
Respectfully,
Clerk/tyw
_________________________________ORDER________________________________
The foregoing motion for clarification is granted. As the opinion and judgment issued on
August 31, 2012 addressed the issues raised in the petition for review and not the issues
raised in the application for summary enforcement the inclusion of docket number 11-
4077 on the opinion was in error. An amended opinion and judgment will be issued
listing only docket number 11-2718. As the removal of docket number 11-4077 does not
alter the substance of the opinion or judgment, the filing date of the opinion and judgment
will remain unchanged.
The response by Altro Inc., Avcon Inc, Nicholas Saites and Vasilios Saites in opposition
to the motion for clarification shall be deemed their response to the application for
summary enforcement. The application for summary enforcement is hereby granted. A
decree enforcing a final order of the Occupational Safety and Health Review Commission
shall be entered.
By the Court,
Circuit Judge
/s/ Julio M. Fuentes
Dated: November 15, 2012
tyw/cc: Heather R. Phillips, Esq.
John R. Shortall, Esq.
Kevin J. O’Connor, Esq.

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