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CAPE & VINEYARD DIV. v. OCCUPATIONAL S. & H. REV. COM'N

No. 74-1223.

512 F.2d 1148 (1975)

CAPE AND VINEYARD DIVISION OF the NEW BEDFORD GAS and Edison Light Company, Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, First Circuit.

Decided March 3, 1975.

Attorney(s) appearing for the Case

Lawrence M. Kearns, Boston, Mass., with whom Morgan, Brown, Kearns & Joy, Boston, Mass., was on brief, for petitioners.

Morton A. Hollander, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., New York City, and Stephen F. Eilperin, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondent.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

The employer, a public utility company, petitions this court to review a decision of the Occupational Safety and Health Review Commission that the employer committed a serious violation of section 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(2), by failing to comply with a safety standard promulgated in a regulation under the Act. Because we are unable to discover substantial evidence in the record to...

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