MATTER OF RESTLAND MEMORIAL PARK

No. 75-2334.

540 F.2d 626 (1976)

In the Matter of Establishment of RESTLAND MEMORIAL PARK, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 30, 1976.


Attorney(s) appearing for the Case

Robert E. McKee, Jr., Feldstein, Bloom, Grinberg, Stein & McKee, Pittsburgh, Pa., for appellant.

William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, Allen H. Feldman, Asst. Counsel for Appellate Litigation, Sidney M. Nowell, Atty., U. S. Dept. of Labor, Washington, D. C., for appellee.

Before ADAMS, HUNTER and WEIS, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

During the consideration of the bills which ultimately became the Occupational Safety and Health Act of 1970 (OSHA), the intention to make the maximum use of the commerce power was repeatedly expressed by various Congressmen.1 The Act is by its terms applicable to every "person engaged in business affecting commerce who has employees."

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