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BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

No. 73-1558 Summary Calendar.

488 F.2d 337 (1973)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and J. W. Bounds (Pearl Steel Erection Company), Respondents.

United States Court of Appeals, Fifth Circuit.

December 19, 1973.

Attorney(s) appearing for the Case

Walter H. Fleischer, Asst. Chief, Appellate Section, Stanton R. Koppel, Civil Div., Dept. of Justice, Washington, D. C., Ronald A. Fonseca, Asst. U. S. Atty., New Orleans, La., for petitioner.

J. Hal Ross, Brandon, Miss., for Bounds.

William S. McLaughlin, Exec. Sec., Occupational Safety & Health Review Commission, Washington, D. C., for Commission.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

Pursuant to 29 U.S.C. § 660(b), the Secretary of Labor invokes this Court's review of a final order of the Occupational Safety and Health Review Commission which found that the respondent company below had not violated the regulation promulgated in 29 C.F.R. 1926.-105(a). We affirm.

In June 1972, the Department of Labor sent a safety and health compliance officer to inspect the site where respondent Bounds' company was engaged in construction...

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