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BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

No. 360, Docket 73-1729.

492 F.2d 1027 (1974)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and John J. Gordon Company, Respondents.

United States Court of Appeals, Second Circuit.

Decided February 25, 1974.

Attorney(s) appearing for the Case

Donald Etra, Dept. of Justice, Washington, D. C. (Irving Jaffee, Acting Asst. Atty. Gen., and Walter H. Fleischer, Dept. of Justice, Washington, D. C., and Michael H. Levin, Dept. of Labor, Washington, D. C., of counsel), for petitioner.

Submitted by Barth, Sullivan & Lancaster, Buffalo, N. Y. (John J. Sullivan, Jr., Buffalo, N. Y., of counsel), for respondent John J. Gordon Co.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

The Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678, is one of many important but as yet rather unfamiliar pieces of federal regulatory legislation enacted in recent years. It requires, § 654, "[e]ach employer" to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees...

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