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FRANK IREY JR., INC. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

No. 73-1765.

519 F.2d 1200 (1974)

FRANK IREY, JR., INC., a corporation, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION et al., Respondents.

United States Court of Appeals, Third Circuit.

Decided November 4, 1974.

Reargued May 8, 1975.

On Hearing July 24, 1975.

Attorney(s) appearing for the Case

Oliver N. Hormell, California, Pa., McNeill Stokes, Stokes, Boyd & Shapiro, Atlanta, Ga., for petitioner.

Irving Jaffe, Acting Asst. Atty. Gen., Stephen F. Eilperin, Michael H. Stein, Neil H. Koslowe, Dept. of Justice, Washington, D.C., for respondents; William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, Ann Mason Noble, Washington, D.C., of counsel.

Before STALEY, GIBBONS and WEIS, Circuit Judges.

On Hearing En Banc July 24, 1975.

OPINION OF THE COURT

WEIS, Circuit Judge.

The petitioner employer launched a broad based attack on the Occupational Safety and Health Act in this appeal. After a careful review of the record, we find that most of the assault stops short and that the constitutional challenges to the statute must fail. However, on one point there was error, and we conclude that the Occupational Safety and Health Review Commission applied...

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