FLORIDA PEACH GROW. ASS'N v. UNITED STATES DEPT. OF LAB.

No. 73-1934.

489 F.2d 120 (1974)

FLORIDA PEACH GROWERS ASSOCIATION, INC., Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Peter J. Brennan, Secretary of Labor, and John H. Stender, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.

United States Court of Appeals, Fifth Circuit.

January 9, 1974.


Attorney(s) appearing for the Case

John D. Conner, Sellers, Conner & Cuneo, Washington, D. C., R. Emmett Kerrigan, New Orleans, La., Lawrence B. Lindemer, Lansing, Mich., Douglas C. Nohlgren, Chicago, Ill., Allen A. Lauterbach, Park Ridge, Ill., John A. Paterracki, Jr., New York City, Joseph C. Russell, Richmond, Va., Winston S. Howard, Denver, Colo., for petitioner.

Peter J. Brennan, Sec. of Labor, John H. Stender, Asst. Sec. of Labor, William J. Kilberg, Sol. of Labor, U. S. Dept. of Labor, Walter H. Fleischer, Eloise E. Davies, Dept. of Justice, Washington, D. C., for respondents.

Miriam Guido, Migrant Legal Action Program, Inc., Washington, D. C., Joanne B. Stern, Patricia Butler, National Health Law Program, Los Angeles, Cal., David Lillesand, Camden Regional Legal Services, Bridgeton, N. J., Joseph C. Segor, Migrant Services Foundation, Homestead, Fla., Burton D. Fretz, Santa Maria, Cal., for intervenors.

Before BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.


RONEY, Circuit Judge:

This case comes to the Court of Appeals on petitions to set aside an emergency temporary standard issued pursuant to the Occupational Safety and Health Act of 1970 (OSHA)1 by the Assistant Secretary of Labor for Occupational Safety and Health2 affecting the cultivation of seven crops: apples, peaches, grapes, oranges, grapefruit, lemons, and tobacco. The standard, designed to protect farmworkers...

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