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TEXPORTS STEVEDORE CO., INC. v. SECRETARY OF LABOR, U.S.

No. 73-1620 Summary Calendar.

484 F.2d 465 (1973)

TEXPORTS STEVEDORE COMPANY, INC., Petitioner, v. SECRETARY OF LABOR, U. S. DEPARTMENT OF LABOR, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 13, 1973.

Attorney(s) appearing for the Case

Neil Martin, Owen W. Cecil, Houston, Tex., for petitioner.

William S. McLaughlin, Executive Sec., Occupational Safety & Health Review Commission, Washington, D. C., Major J. Parmenter, Regional Sol., U. S. Dept. of Labor, Dallas, Tex., Jean A. Staudt, Walter H. Fleischer, Dept. of Justice, Washington, D. C., for respondents.

David H. Burrow, Houston, Tex., for other interested parties.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 13, 1973.

PER CURIAM:

Texports Stevedore Company, Inc. seeks a review of the Occupational Safety and Health Review Commission's determination that Texports violated the Occupational Safety and Health Act of 1970, 29 U.S.C.A. 651 et seq., by failing to take the necessary precautions to prevent cargo from falling during unloading.

In June, 1971, the cargo barge MBL 880 was tied alongside the vessel SUCRE...

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