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PLUM CREEK LUMBER CO. v. HUTTON

Nos. 78-3181, 78-3244.

608 F.2d 1283 (1979)

PLUM CREEK LUMBER COMPANY, Plaintiff-Appellee, v. Harry C. HUTTON, Area Director, Fred Bruno, Compliance Officer OSHA U. S. Department of Labor, F. Ray Marshall, Secretary of U. S. Department of Labor, Defendant-Appellant. PLUM CREEK LUMBER COMPANY, Plaintiff-Appellant, v. Harry C. HUTTON, Area Director, Fred Bruno, Compliance Officer OSHA U. S. Department of Labor, F. Ray Marshall, Secretary of U. S. Department of Labor, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing and Rehearing February 13, 1980.

Attorney(s) appearing for the Case

Charles I. Hadden, Washington, D. C., for defendant-appellant.

George J. Tichy, Spokane, Wash., for plaintiff-appellee.

Before HUFSTEDLER and KILKENNY, Circuit Judges, and GRANT, District Judge.

As Modified on Denial of Rehearing and Rehearing In Banc February 13, 1980.

KILKENNY, Circuit Judge:

This is an appeal from a final decision of the United States District Court denying relief on the complaint of Plum Creek Lumber Company [Plum Creek] and on the counterclaim of the Occupational Safety and Health Administration [OSHA].

ISSUE

The primary issue is whether the district court has the power to order an employer to rescind its policy...

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