BRENNAN v. BUTLER LIME AND CEMENT COMPANY

No. 74-1963.

520 F.2d 1011 (1975)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. BUTLER LIME AND CEMENT COMPANY and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 5, 1975.


Attorney(s) appearing for the Case

Stephen F. Eilperin, Harry R. Silver, Dept. of Justice, Washington, D. C., William J. Kilberg, Sol. of Labor, Michael H. Levin, Atty., U. S. Dept. of Labor, Washington, D. C., for petitioner.

Clifford C. Kasdorf, Russell M. Ware, Milwaukee, Wis., for respondent.

Before PELL and STEVENS, Circuit Judges, and PERRY, Senior District Judge.


PELL, Circuit Judge.

The Secretary of Labor has petitioned this court to review the decision of the Occupational Safety and Health Review Commission (Commission) in the case of Butler Lime & Cement Company (Butler), OSAHRC Docket No. 855 (Sept. 24, 1974).1 In that decision, the Commission, by a 2-1 vote, affirmed an administrative law judge's order that had vacated a citation and proposed penalty issued by the Secretary to Butler....

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