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REA EXPRESS, INC. v. BRENNAN

No. 706, Docket 73-1468.

495 F.2d 822 (1974)

REA EXPRESS, INC., Petitioner, v. Peter J. BRENNAN, Secretary of Labor and the Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided April 18, 1974.

Attorney(s) appearing for the Case

Peter G. Wolfe, New York City, for petitioner.

Stanton R. Koppel, Atty., Dept. of Justice, Washington, D.C. (Irving Jaffe, Acting Asst. Atty. Gen., Stephen F. Eliperin, Atty., on the brief), for respondents.

Before MOORE, FEINBERG and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

The employer, REA Express, Inc. (REA), brings this petition to review a final order of the Occupational Safety and Health Review Commission (Commission), holding the employer liable for a serious violation of the general duty clause of the Occupational Safety and Health Act of 1970 (Act), 29 U.S.C. § 654(a)(1). Petition denied.

REA is an interstate carrier which operates a shipping terminal in Long Island City, New York, known...

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