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DIVERSIFIED INDUS., ETC. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW

No. 79-1291.

618 F.2d 30 (1980)

DIVERSIFIED INDUSTRIES DIVISION, INDEPENDENT STAVE COMPANY and Independent Stave Company, Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent. Ray Marshall, Secretary of Labor, Co-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 26, 1980.

Attorney(s) appearing for the Case

Donald J. Jones, Springfield, Mo., for appellant.

Domenique Kirchner, Atty., U. S. Dept. of Labor, Washington, D. C., argued, Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Acting Counsel, for Appellate Litigation, Tedrick A. Housh, Jr., Regional Sol., Kansas City, Mo., for appellee.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

BRIGHT, Circuit Judge.

Diversified Industries Division, Independent Stave Company (Diversified) and Independent Stave Company (Independent) petition for review of an order of the Occupational Safety and Health Review Commission (the Commission). After a contested hearing the administrative law judge1 found Diversified and Independent to be in violation of safety standards concerning noise,

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