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AMERICAN FEDERATION OF LABOR, ETC. v. BRENNAN

No. 75-1105.

530 F.2d 109 (1975)

AMERICAN FEDERATION OF LABOR & CONGRESS OF INDUSTRIAL ORGANIZATIONS and Industrial Union Department, AFL-CIO, Petitioners, v. Peter J. BRENNAN, Secretary of Labor, et al., Respondents, Chamber of Commerce of the United States and American Metal Stamping Association, Intervenors.

United States Court of Appeals, Third Circuit.

Decided December 31, 1975.

Attorney(s) appearing for the Case

J. Albert Woll, Robert C. Mayer, George H. Cohen, Robert M. Weinberg, Bredhoff, Cushman, Gottesman & Cohen, Laurence S. Gold, Washington, D.C., for petitioners.

William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, Judith A. Burghardt, Richard T. Galgay, Attys., U.S. Dept. of Labor, Washington, D.C., for respondents.

Vincent J. Apruzzese, of counsel; Maurice J. Nelligan, Jr., Springfield, N. J., on the brief; Apruzzese & McDermott, A Professional Corp., Springfield, N.J., for intervenors, Chamber of Commerce of the United States and American Metal Stamping Assn.

John S. Koch, Jonathan M. Weisgall, Covington & Burling, Washington, D.C., for National Machine Tool Builders Ass'n, amicus curiae.

Charles E. Cooney, Jr., Syracuse, N. Y., of counsel; Costello, Cooney & Fearon, Syracuse, N. Y., for Associated Industries of New York State, Inc., amicus curiae on behalf of respondents Peter J. Brennan, and others.

Before BIGGS, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The American Federation of Labor and Congress of Industrial Organizations and the Industrial Union Department, AFL-CIO (Petitioners), by a petition filed pursuant to § 6(f) of the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 655(f), challenge the action of the Secretary of Labor (the Secretary) in promulgating on December 3, 1974 a revision of the safety standards applicable to mechanical power...

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