“Docket No. 81-1423 SECRETARY OF LABOR,Complainant,v.CAPITAL CITY EXCAVATING CO., INC., Respondent.OSHRC Docket No. 81-1423ORDERThis case is before the Commission on remand from the U.S. Court of Appeals for the SixthCircuit. The court found that a violation by the Respondent of the trenching standard at29 C.F.R. ? 1926.652(b) was willful and remanded to the Commission for assessment of anappropriate civil penalty. Donovan v. Capital City Excavating Co., 712 F.2d 1008 (6thCir., 1983). We further remand the case to the Chief Administrative Law Judge forreassignment[[*]] and for further proceedings consistent with the court’s decision.IT IS SO ORDERED.FOR THE COMMISSIONRAY H. DARLING, JR. EXECUTIVE SECRETARYDATED: OCT 28 1983 The Administrative Law Judgedecision in this matter is unavailable in this format. To obtain a copy of this document,please request one from our Public Information Office By e-mail ( [email protected] ), telephone (202-606-5398), fax(202-606-5050), or TTY (202-606-5386).FOOTNOTE:[[*]] Judge Cecil Cutler, who originally decided the case, is no longer with theCommission.”