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

No. 73-1938.

511 F.2d 1139 (1975)

Peter J. BRENNAN, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond Hendrix, d/b/a Alsea Lumber Company, Respondent.

United States Court of Appeals, Ninth Circuit.

February 24, 1975.

Attorney(s) appearing for the Case

Robert S. Greenspan, Civil Div., Appellate Section, U. S. Dept. of Justice (argued), Washington, D. C., for petitioner.

Harry S. Chandler (argued), Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for respondent.

Before KOELSCH and CHOY, Circuit Judges, and MARKEY, United States Court of Customs and Patent Appeals.

OPINION

MARKEY, Chief Judge, United States Court of Customs and Patent Appeals:

The Secretary of Labor petitions for review of that portion of a final order of the Occupational Safety and Health Review Commission [Commission] which vacated certain alleged violations of the Occupational Safety and Health Act of 1970 [Act], 29 U.S.C. § 651 et seq. We find the Commission's order supported by substantial evidence on the record, considered as a whole, and...

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