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BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

No. 73-1131.

502 F.2d 946 (1974)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Hanovia Lamp Division, Canred Precision Industries, Respondents.

United States Court of Appeals, Third Circuit.

Decided August 14, 1974.

Attorney(s) appearing for the Case

Harlington Wood, Jr., Asst. Atty. Gen., Walter H. Fleischer, Michael H. Stein, Attys., Carla A. Hills, Asst. Atty. Gen., Stephel F. Eilperin, Atty., Dept. of Justice, Washington, D. C., for petitioner; William J. Kilberg, Solicitor of Labor, Benjamin W. Mintz, Associate Solicitor for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, Helen Schuitmaker, Atty., of counsel.

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

Before STALEY, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This case presents the issue of the proper scope of review of an adjudicatory final order of the Occupational Safety and Health Review Commission when the Secretary of Labor petitions for review or enforcement pursuant to § 11(b), 29 U.S.C. § 660(b) of the Occupational Safety and Health Act of 1970. Pub.L. 91-596, 1970 U.S.Code Cong. and Admin.News, p. 5177, 29 U.S.C. § 651 (The Act). The order...

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