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BRENNAN v. OCCUPATIONAL SAFETY & HEALTH REV. COM'N

No. 74-1643.

513 F.2d 713 (1975)

Peter J. BRENNAN, Secretary of U. S. Department of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ron M. Fiegen, Inc., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1975.

Attorney(s) appearing for the Case

Morton Hollander, Chief, Appellate Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for petitioner.

Robert L. O'Connor, Sioux Falls, S. D., for respondents.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.

BRIGHT, Circuit Judge.

The petitioner, the Secretary of Labor, contends in this case that the Occupational Safety and Health Review Commission (Commission) misconstrued the Secretary's regulation requiring the use of nets or other safety devices to protect employees working at heights more than 25 feet above ground.1 We deem the regulation ambiguous and uphold the Commission's interpretation of it as reasonable.

The record establishes...

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