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DRY COLOR MFRS. ASS'N INC. v. DEPARTMENT OF LABOR

Nos. 73-1361, 73-1383 and 73-1638.

486 F.2d 98 (1973)

DRY COLOR MANUFACTURERS' ASSOCIATION, Inc., et al., Petitioners, v. DEPARTMENT OF LABOR et al., Respondents. OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, and Health Research Group, Petitioners, v. Peter BRENNAN, Secretary United States Department of Labor and John Stender, Assistant Secretary, Occupational Safety and Health Administration, United States Department of Labor, Respondents. AEROJET-GENERAL CORPORATION, an Ohio corporation, Petitioner, v. Peter J. BRENNAN, Secretary of Labor, and John H. Stender, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.

United States Court of Appeals, Third Circuit.

Decided October 4, 1973.

Attorney(s) appearing for the Case

Donald L. Morgan, Charles F. Lettow, Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., for petitioners in No. 73-1361.

Alan B. Morrison, Washington, D. C., for petitioners in No. 73-1383.

Robert Barnard, Donald L. Morgan, Eric Schwartz, Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., for petitioners in No. 73-1638.

Irving Jaffe, Acting Asst. Atty. Gen., Walter H. Fleischer and James C. Hair, Jr., Attys., U. S. Department of Justice, Washington, D. C., for respondents.

Before McLAUGHLIN, VAN DUSEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

These cases are before the court upon petitions (filed in May and June 1973) to review an order of the Assistant Secretary of Labor for Occupational Safety and Health, published on May 3, 1973, 38 Fed.Reg. 10929, issuing an Emergency Temporary Standard on Certain Carcinogens, 29 C.F.R. § 1910.93c. The temporary standard prescribes plant operating procedures and equipment, work practices and procedures for...

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