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SOCIETY OF PLASTICS INDUS., INC. v. OCCUPATIONAL S. & H. A.

Nos. 505, 603-608, 670 and 671, Dockets 74-2284, 74-2286, 74-2308, 74-2345, 74-2449, 74-2450, 74-2491, 74-2585 and 74-2609.

509 F.2d 1301 (1975)

The SOCIETY OF the PLASTICS INDUSTRY, INC., Petitioner, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION et al., Respondents. HOOKER CHEMICALS & PLASTICS CORPORATION et al., Petitioners, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION et al., Respondents. UNION CARBIDE CORPORATION, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR et al., Respondents. The B. F. GOODRICH COMPANY, Petitioner, v. Peter J. BRENNAN et al., Respondents. FIRESTONE PLASTICS COMPANY, a Division of the Firestone Tire & Rubber Company, Petitioner-Intervenor, v. UNITED STATES DEPARTMENT OF LABOR et al., Respondents. UNIROYAL INC., Petitioner, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION et al., Respondents. GENERAL DYNAMIC CHEMICAL CO., INC., Petitioner, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION et al., Respondents. The DIAMOND SHAMROCK CHEMICAL CO., INC., Petitioner, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION et al., Respondents.

United States Court of Appeals, Second Circuit.

Decided January 31, 1975.

Stay Denied March 31, 1975.

Attorney(s) appearing for the Case

John J. Cassidy, Jr., Chicago, Ill. (Vedder, Price, Kaufman & Kammholz, Chicago, Ill., on the brief), for petitioners.

Stephen F. Eilperin, Asst. Chief, Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for respondents.

George H. Cohen, Washington, D. C. (Bredhoff, Cushman, Gottesman & Cohen, Washington, D. C., on the brief), for intervenor Industrial Union Department, AFL-CIO.

Lawrence Gold, Washington, D. C. (Woll, Mayer & Gold, Washington, D. C., on the brief), for intervenor AFL-CIO.

Allan Topol, Washington, D. C. (Covington & Burling, Washington, D. C., on the brief).

Jerome H. Heckman, Washington, D. C. (Keller & Heckman, Washington, D. C., on the brief).

Walter B. Connolly, Jr., Akron, Ohio, Firestone Tire and Rubber Company.

An amicus curiae brief was filed on behalf of Chemical Fabrics & Film Association.

Before CLARK, Associate Justice, BRYAN, District Judge, and DUFFY, District Judge.

Stay Denied March 31, 1975. See 95 S.Ct. 1444.

Mr. Justice CLARK:

This is a petition for review of the health and safety regulations for the vinyl chloride industry, 29 C.F.R. § 1910.-93q, promulgated by the Secretary of Labor on October 4, 1974, pursuant to the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq. (hereinafter OSHA). The standard and the Secretary's statement of reasons for its imposition are set forth at 39 Fed.Reg. 35890...

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