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LEE WAY MOTOR FREIGHT, INC. v. SECRETARY OF LABOR

No. 74-1236.

511 F.2d 864 (1975)

LEE WAY MOTOR FREIGHT, INC., Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided February 19, 1975.

Attorney(s) appearing for the Case

Ben L. Burdick, Oklahoma City, Okl. (Charles W. Mooney, Jr., and Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., with him on the brief), for petitioner.

Anthony J. Steinmeyer, Atty., Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., New York City, Stephen F. Eilperin, Atty., Dept. of Justice, and William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associated Sol. for Occupational Safety and Health, Michael H. Levin, Stephen C. Yohay, and Judith Burghardt, Attys., Dept. of Labor, of counsel, with him on the brief), for respondent.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

This case arises under the Occupational Safety and Health Act of 1970, hereinafter referred to as the Act. 29 U.S.C. § 651 et seq. Lee Way Motor Freight filed in this court a petition to review an order of the Occupational Safety and Health Review Commission, which order held that Lee Way committed a nonserious violation of 29 U.S.C. § 654(a)(2) by violating the standard of 29 C.F.R. § 1910.22(c) (1972). Jurisdiction is based...

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