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DALE M. MADDEN CONSTRUCTION, INC. v. HODGSON

No. 72-1874.

502 F.2d 278 (1974)

DALE M. MADDEN CONSTRUCTION, INC., Petitioner, v. James D. HODGSON, Secretary of Labor, United States Department of Labor, et al., Respondent.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing October 1, 1974.

Attorney(s) appearing for the Case

Donald McL. Davidson (appeared), of Ferguson & Burdell, Seattle, Wash., for petitioner.

Stephen F. Eilperin (appeared), for Civ. Div., Dept. of Justice, Washington, D. C., for respondents.

Allen H. Sachsel, Appellate Counsel (appeared), Occupational Safety and Health Review Comm., Washington, D. C., for intervenor.

Before KOELSCH and WALLACE, Circuit Judges, and SKOPIL, District Judge.

OPINION

SKOPIL, District Judge:

Dale M. Madden Construction, Inc. petitioned for review of a decision of the Occupational Safety and Health Review Commission (Commission) under the Occupational Safety and Health Act of 1970 (Act). 29 U.S.C. § 660(a). After we assumed jurisdiction, the Secretary of Labor (Secretary) settled with petitioner through the Department of Justice. The Commission then intervened to oppose the Secretary's motion for approval...

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