BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

Nos. 72-3511, 73-1445.

481 F.2d 619 (1973)

Peter J. BRENNAN, Secretary of Labor, Petitioner-Appellant, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Brent Towing Co., Inc., Respondents-Appellees. Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Brent Towing Company, Inc., Respondents.

United States Court of Appeals, Fifth Circuit.

July 3, 1973.


Attorney(s) appearing for the Case

Walter H. Fleischer, Civil Div., Appellate Section, Jean A. Staudt, Dept. of Justice, Washington, D. C., Gerald J. Gallinghouse, U. S. Atty., Robert N. Habans, Jr., Mary Williams Cazolas, Asst. U. S. Attys., New Orleans, La., for petitioner-appellant.

Allen H. Sachsel, Sp. Counsel, Peter Giesty, Gen. Counsel, Occupational Safety & Health Review Commission, Washington, D. C., W. P. Eason, Greenville, Miss., for respondents-appellees.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.


PER CURIAM:

These cases present a rather complicated and unusual dispute between petitioner, the Secretary of Labor (Secretary), and the Occupational Safety and Health Review Commission (Commission). The party most interested in the outcome of this litigation, Brent Towing Company (Brent), is not involved in this appeal. Brent long ago advised the Commission that it did not wish to participate in any further litigation. It asserted that all violations of the Occupational...

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