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BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

No. 280, Docket 73-1428.

491 F.2d 1340 (1974)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Gerosa, Incorporated, Respondents.

United States Court of Appeals, Second Circuit.

Decided February 11, 1974.

Attorney(s) appearing for the Case

Irving Jaffe, Acting Asst. Atty. Gen., Walter H. Fleischer, Robert M. Feinson, Stephen F. Eilperin, Michael H. Stein, Attys., Dept. of Justice; William J. Kilberg, Solicitor of Labor; Benjamin W. Mintz, Associate Solicitor for Occupational Safety and Health; Michael H. Levin, Counsel for Appellate Litigation; Douglas R. Earle, Washington, D. C. for petitioner.

Cunningham & Kaming, P. C., New York City, for respondent Gerosa, Incorporated.

Before KAUFMAN, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

The Secretary of Labor petitions for review of an order of the Occupational Safety and Health Review Commission, which held that respondent Gerosa, Incorporated (the Company) did not violate a safety regulation promulgated by the Secretary under the Occupational Safety and Health Act of 1970 (the Act). 29 U.S.C. §§ 651 et seq. As we have recently noted,1 the Act is but one of many recent statutes that...

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