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DIAMOND ROOFING CO., INC. v. OCCUPATIONAL S. & H. REV. COM'N

Nos. 73-3704, 73-3705, 74-1343. Summary Calendar.

528 F.2d 645 (1976)

DIAMOND ROOFING CO., INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and W. J. Usery, the Secretary of Labor, Respondents. S. D. MULLINS COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and W. J. Usery, the Secretary of Labor, Respondents. LANCE ROOFING COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and W. J. Usery, the Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

March 15, 1976.

Attorney(s) appearing for the Case

Ira J. Smotherman, Jr., McNeill Stokes, Atlanta, Ga., for petitioners.

William S. McLaughlin, Executive Secretary, OSHRC, Baruch A. Fellner, Counsel for Regional Litigation, William J. Kilberg, Sol. of Labor, U.S. Dept. of Labor, Barbara L. Herwig, Atty., Dept. of Justice, Washington, D.C., Beverley R. Worrell, Regional Sol., U.S. Dept. of Labor, Atlanta, Ga., Stephen F. Eilperin, Thomas S. Moore, Karen K. Siegel, Dept. of Justice, Michael H. Levin, Counsel, Dept. of Labor, Washington, D.C., for respondents.

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

JOHN R. BROWN, Chief Judge:

These petitions for review of orders of the Occupational Safety and Health Review Commission (OSHRECOM)1 are being considered together because they all require us to address the same question: Does 29 CFR § 1926.500(d)(1)2 of OSHA's regulations for construction, which requires that a standard railing be placed around an open-sided floor, also apply to an open-sided roof? We...

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