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BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

No. 73-1670. Summary Calendar.

487 F.2d 230 (1973)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Bill Echols Trucking Co., Respondents.

United States Court of Appeals, Fifth Circuit.

November 13, 1973.

Attorney(s) appearing for the Case

Walter H. Fleischer, Jean A. Staudt, Civil Div., Appellate Section, Dept. of Justice, Washington, D. C., for petitioner.

Peter Giesey, Gen. Counsel, Washington, D. C., Occupational Safety & Health Review Commission.

Matthis W. Piel, Montgomery, Ala., for Bill Echols Trucking.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

GOLDBERG, Circuit Judge:

In this case the Secretary of Labor (the Secretary) has invoked the jurisdiction of this Court under Section 11(b) of the Occupational Safety and Health Act of 1970 (the Act),1 and asked that we review a "Supplemental Order" of the Occupational Safety and Health Review Commission (the Commission) vacating a citation and proposed penalty issued by the Secretary to Bill Echols Trucking Co. (Echols).

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