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BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

No. 73-1304.

501 F.2d 1196 (1974)

Peter J. BRENNAN, Secretary, United States Department of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Republic Creosoting Company, Division of Reilly Tar & Chemical Corporation, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1974.

Attorney(s) appearing for the Case

Walter H. Fleischer and Karen K. Siegel, Attys., Dept. of Justice, Washington, D. C., for petitioner.

Carl T. Reis, Indianapolis, Ind., for respondents.

Before SWYGERT, Chief Judge, and PELL and STEVENS, Circuit Judges.

PELL, Circuit Judge.

The Secretary of Labor appeals from a decision of the Occupational Safety and Health Review Commission,1 which found that the respondent Republic Creosoting Company had not committed any violations of the Occupational Safety and Health Act, 29 U.S.C. § 651. The underlying facts are not in dispute on appeal, these facts being either stipulated by the parties or testified to at the hearing before the administrative...

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