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COLUMBUS COATED FABRICS v. INDUS. COMM. OF OHIO

No. 74-1035.

498 F.2d 408 (1974)

COLUMBUS COATED FABRICS, a Division of Borden Chemical Company, and Borden, Inc. Plaintiff-Appellee, v. The INDUSTRIAL COMMISSION OF OHIO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 29, 1974.

Attorney(s) appearing for the Case

Charles E. Taylor, Columbus, Ohio, Sp. Counsel for defendant-appellant by appointment of William J. Brown, Atty. Gen., of Ohio; William J. Brown, Atty. Gen. of Ohio, Taylor, Hultin & Ludwig, Columbus, Ohio, on brief.

John C. Elam, Columbus, Ohio, for plaintiff-appellee; Vorys, Sater, Seymour & Pease, Columbus, Ohio, on brief; Russell P. Herrold, Jr., Lester S. Lash, David S. Cupps, W. Jonathan Airey, Columbus, Ohio, of counsel.

Before CELEBREZZE, McCREE and MILLER, Circuit Judges.

PER CURIAM.

Because of an outbreak of peripheral neuropathy (a nerve disease causing paralysis) the Industrial Commission of Ohio scheduled a hearing to be held on October 15, 1973 "for the purpose of taking evidence on the question of whether [Appellees'] plant should be closed as being not safe or as being injurious to the welfare of any employees or frequenters." Appellees sued to enjoin this hearing, on the ground that the enactment of the federal Occupational...

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