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BRENNAN v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COM'N

No. 73-3068.

502 F.2d 30 (1974)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and S. J. Otinger, Jr., Construction Company, Respondents.

United States Court of Appeals, Fifth Circuit.

October 3, 1974.

Attorney(s) appearing for the Case

Neil H. Koslowe, Morton Hollander, Civil Div., Appellate Section, Dept. of Justice, William J. Kilberg, Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., for petitioner.

William McLaughlin, Executive Sec., Occupational Safety & Health Review Commission, Washington, D. C., George White, Gadsden, Ala., Allen H. Sachsel, Atty., Occupational Safety & Health Review Commission, Washington, D. C., for respondents.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The Secretary of Labor (Secretary) pursuant to Section 11(b) of the Occupational Safety and Health Act of 1970 (Act) has petitioned this Court to decide whether the Occupational Safety and Health Review Commission (Commission) had jurisdiction to reconsider an order made final by operation of Section 12(j) of the Act,1 Title 29, U.S.C., § 661(i). We grant the petition for review, holding that the Commission...

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