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

Nos. 357, 417, Dockets 74-1579, 74-1568.

513 F.2d 1032 (1975)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Underhill Construction Corporation, Respondents. UNDERHILL CONSTRUCTION CORP. and Dic Concrete Corp., individually and as participants in a joint venture known as Dic-Underhill, a joint venture, Petitioners, v. Peter J. BRENNAN and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided March 10, 1975.

Attorney(s) appearing for the Case

Eloise E. Davies, Atty., Dept. of Justice (William J. Kilberg, Sol. of Labor, James D. Henry, Deputy Associate Solicitor, Michael H. Levin, Helen Schuitmaker, Attys., Dept. of Labor, Carla A. Hills, Asst. Atty. Gen., Stephen F. Eilperin, Atty., Dept. of Justice, of counsel), for petitioners-cross-respondents.

William J. Pastore, Sacks, Montgomery, Molineaux & Pastore, New York City, for respondents-cross-petitioners.

Before MEDINA, OAKES and GURFEIN, Circuit Judges.

OAKES, Circuit Judge:

This case involves important questions relating to occupational safety in the construction industry. Dic-Underhill, a joint enterprise made up of Underhill Construction Corp. and Dic Concrete Corp., was engaged as a subcontractor1 in the construction of a high-rise housing project in the Bronx, New York. On November 22 and November 27, 1972, a compliance officer or inspector...

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