BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

No. 73-1235.

494 F.2d 460 (1974)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Vy Lactos Laboratories, Inc., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided April 5, 1974.


Attorney(s) appearing for the Case

Michael H. Stein, Atty., Dept. of Justice, Washington, D. C., for petitioner.

Thomas A. Finley, Des Moines, Iowa, for respondents.

Before MEHAFFY, Chief Judge, MOORE, Senior Circuit Judge, and WEBSTER, Circuit Judge.


MEHAFFY, Chief Judge.

The Secretary of Labor has petitioned this court to review the decision of the Occupational Safety and Health Review Commission in Vy Lactos Laboratories, Inc., OSHRC Dock. No. 31 (Feb. 21, 1973). The decision in question affirmed, but on different grounds, a hearing examiner's report and order that had vacated a citation and proposed penalty issued by the Secretary to Vy Lactos for an alleged serious...

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