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ATLANTIC & GULF STEVEDORES v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMM.

No. 75-1584.

534 F.2d 541 (1976)

ATLANTIC & GULF STEVEDORES, INC., et al., Petitioners, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Third Circuit.

Decided March 26, 1976.

Attorney(s) appearing for the Case

Francis A. Scanlan, Sean O'Callaghan, Deasey, Scanlan & Bender, Ltd., Philadelphia, Pa., for petitioners.

William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for App. Litigation, Scott H. Strickler, Dennis K. Kade, Attys., U.S. Dept. of Labor, Washington, D. C., for respondent.

Before FORMAN, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is a petition filed pursuant to § 11(a) of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. § 660(a), to review an order of the Occupational Safety and Health Review Commission (the Commission) determining petitioners to be in non-serious violation of the Act's provisions. The petitioners are stevedoring companies operating in the Port of Philadelphia. They employ longshoremen. The...

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