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LAKE BUTLER APPAREL COMPANY v. SECRETARY OF LABOR

No. 73-3518 Summary Calendar.

519 F.2d 84 (1975)

LAKE BUTLER APPAREL COMPANY, Petitioner, v. SECRETARY OF LABOR, Respondent.

United States Court of Appeals, Fifth Circuit.

September 15, 1975.

Attorney(s) appearing for the Case

Allan P. Clark, Jacksonville, Fla., for petitioner.

Peter J. Brennan, Secretary of Labor, John H. Stender, Asst. Secretary of Labor, William J. Kilberger, Sol. of Labor, Morell Mullins, U. S. Dept. of Labor, William S. McLaughlin, Executive, Secretary, Occupational Safety & Health Review Comm., Stephen F. Eilperin, Dept. of Justice, Washington, D. C., Beverly R. Worrell, Reg. Sol., U. S. Dept. of Labor, Atlanta, Ga., Ronald R. Glancz, Dept. of Justice, Washington, D. C., for respondent.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Lake Butler Apparel Company (Lake Butler) petitions this Court to review the penalties assessed against it under the Occupational Safety and Health Act (OSHA),1 asserting that this statute violates Article III and the Fourth, Fifth and Sixth Amendments to the Constitution. We have considered and rejected some of these arguments in Atlas Roofing Company v. Occupational Safety and Health Review Commission,...

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