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RYDER TRUCK LINES, INC. v. BRENNAN

No. 73-3341.

497 F.2d 230 (1974)

RYDER TRUCK LINES, INC., Petitioner, v. Peter J. BRENNAN, Secretary of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 13, 1974.

Attorney(s) appearing for the Case

J. P. Jones, Allan P. Clark, Jacksonville, Fla., for petitioner.

William S. McLaughlin, Executive Sec., Occupational Safety & Rev. Comm., Washington, D. C., Norman H. Winston, Associate Regional Sol., U. S. Dept. Of Labor, Birmingham, Ala., Baruch A. Fellner, Counsel for Regional Litigation, U. S. Dept. of Labor, Stephen F. Eilperin, Karen K. Siegel, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before DYER and MORGAN, Circuit Judges, and KRAFT, District Judge.

KRAFT, District Judge:

The employer, Ryder Truck Lines, Inc. (Ryder), has petitioned, pursuant to § 11(a) of the Occupational Safety & Health Act of 1970 (Act), 29 U.S.C. § 651 et seq., for review of a final order of the Occupational Safety & Health Review Commission (Commission), issued on August 16, 1973. The order determined that Ryder had committed a violation of 29 C.F.R. 1910.132(a) for which no penalty was applicable. Petition will be denied...

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