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DONOVAN v. COEUR d'ALENE TRIBAL FARM

No. 84-7031.

751 F.2d 1113 (1985)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Petitioner, v. COEUR d'ALENE TRIBAL FARM, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1985.

Attorney(s) appearing for the Case

Sandra D. Lord, U.S. Dept. of Labor, Washington, D.C., for petitioner.

Gary T. Farrell, Dellwo, Rudolf & Schroeder, Spokane, Wash., for respondent.

Before WRIGHT, SNEED, and ALARCON, Circuit Judges.

SNEED, Circuit Judge:

The Secretary of Labor appeals a decision of the Occupational Safety and Health Review Commission vacating citations and penalties assessed against the Coeur d'Alene Tribal Farm. We reverse the Commission's decision and hold that the Occupational Safety and Health Act applies to the commercial activities carried on by the Coeur d'Alene Tribal Farm.

I.

FACTS AND PROCEEDINGS BELOW

The Coeur d'Alene Indian Tribe (the...

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