1. Home
  2. Browse Decisions
  3. F.2d
  4. 505 F.2d
  5. 505 F.2d 869 (1974)
 

BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REV. COM'N

No. 74-1049.

505 F.2d 869 (1974)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Santa Fe Trail Transport Company, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided October 23, 1974.

Attorney(s) appearing for the Case

Harry R. Silver (Carla A. Hills, Asst. Atty. Gen., Stephen F. Eilperin, Atty., Dept. of Justice, and William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, and Stephen C. Yohay, Asst. Counsel for Appellate Litigation, U. S. Dept. of Labor, of counsel, with him on the brief) for petitioner.

Allen H. Sachsel, Washington, D. C., Appellate Counsel, Occupational Safety and Health Review Commission, for respondent Commission.

Douglas McHendrie and Grant, Shafroth, Toll & McHendrie, Denver, Colo., entered an appearance for respondent Santa Fe Trail Transport Co. and waived the right to file a brief and make oral argument.

Richard C. Hotvedt, E. Carl Uehlein, Jr., and Ira M. Shepard, Washington, D. C., filed a brief for amicus curiae The Great Atlantic and Pacific Tea Co., Inc.

Before BREITENSTEIN, SETH and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The Occupational Safety and Health Review Commission held that a regulation promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., was unenforceably vague. As permitted by the Act, the Secretary seeks review of the Commission order. See 29 U.S.C. § 660(b). We reverse.

After a routine inspection, the Secretary cited the employer, respondent Santa Fe Trail Transport...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases