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BRENNAN v. SOUTHERN CONTRACTORS SERVICE

No. 73-2682. Summary Calendar.

492 F.2d 498 (1974)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. SOUTHERN CONTRACTORS SERVICE and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

April 12, 1974.

Attorney(s) appearing for the Case

Walter H. Fleischer, Stanton R. Koppel, Stephen F. Eilperin, U. S. Dept. of Justice, Washington, D. C., for petitioner.

Allen H. Sachel, Sp. Counsel, William McLaughlin, Executive Sec., Occ. Safety & Health Review Comm., Washington, D. C., for respondents.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

GEWIN, Circuit Judge:

Pursuant to 29 U.S.C. § 660(b),1 the Secretary of Labor appeals from a final order of the Occupational Safety & Health Review Commission (the Commission) which found that regulation 29 C.F.R. 1926.105(a) (1973), under which Southern Contractors Service Company (Southern) had been charged with a serious violation, was inapplicable to the facts alleged in the complaint. This regulation provides as follows:...

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