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SOUTHEAST CONTRACTORS, INC. v. DUNLOP

No. 74-2698.

512 F.2d 675 (1975)

SOUTHEAST CONTRACTORS, INC., Petitioner, v. John T. DUNLOP, Secretary of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

March 19, 1975.

Attorney(s) appearing for the Case

Thomas R. Elliott, Jr., Birmingham, Ala., for petitioner.

William S. McLaughlin, Executive Secretary, Occupational Safety & Review Commission, Washington, D. C., Norman K. Winston, Association Regional Sol., U. S. Dept. of Labor, Birmingham, Ala., Baruch A. Fellner, Counsel for Regional Litigation, U. S. Dept. of Labor, Washington, D. C., Paul A. Brady, Occupational Safety & Review Commission, Atlanta, Ga., Stephen F. Eilperin, Karen K. Siegel, Dept. of Justice, Washington, D. C., for respondent.

Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.

PER CURIAM:

It is unnecessary that we decide the constitutionality of the Occupational Safety and Health Act of 1970 and its enforcement procedures established by sections 5, 6, 8, 9, 10, 11, 12, and 17, which matter is also pending and under submission before another panel of this Court in Atlas Roofing Company, Inc. v. Secretary of Labor, No. 73-2249. We are in agreement with the well-reasoned dissent of Chairman Moran of the Occupational Safety and Health Review...

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