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BRENNAN v. VERNE-WOODROW COMPANY

No. 73-3134 Summary Calendar.

494 F.2d 1181 (1974)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. The VERNE-WOODROW COMPANY and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

May 28, 1974.

Attorney(s) appearing for the Case

Walter H. Fleischer, Stanton R. Koppel, Civil Div., Appellate Section, Dept. of Justice, Washington, D. C., for petitioner.

W. V. Woodrow, pro se.

William S. McLaughlin, Exec. Secretary, Occupational Safety and Health Review Commission, Washington, D. C., for the Commission.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

PER CURIAM:

This appeal1 is taken from a final order of the Occupational Safety and Health Review Commission, vacating a citation and proposed penalty issued by the Secretary of Labor against Verne-Woodrow Company for violating 29 C. F.R. 1926.105(a).2 We reverse.

This case is controlled by our decision in Brennan v. Southern Contractors Service Company and Occupational Safety and Health Review Commission...

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