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TAYLOR DIVING & SALVAGE v. U. S. DEPT. OF LABOR

No. 76-2886.

537 F.2d 819 (1976)

TAYLOR DIVING & SALVAGE CO., INC., et al., Petitioners, v. U.S. DEPARTMENT OF LABOR, William J. Usery, Jr., Secretary of Labor; and Morton Corn, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.

United States Court of Appeals, Fifth Circuit.

August 11, 1976.

Attorney(s) appearing for the Case

Stanley R. Strauss, Michael J. Bartlett, Washington, D.C., Michael J. Molony, Jr., Milling, Benson, Woodward, Hillyer & Pierson, Joseph E. LeBlanc, Jr., New Orleans, La., for petitioners.

William J. Kilberg, Sol., U.S. Dept. of Labor, Allen H. Feldman, Asst. Counsel, Appellate Litigation, Washington, D.C., for respondents.

Victor H. Hess, Jr., New Orleans, La., Robert J. Pleasure, Washington, D.C., for United Brotherhood of Carpenters & Joiners of America and American Federation of Labor & Congress of Industrial Organizations.

J. Albert Woll, Washington, D.C., for American Federation of Labor, et al.

Before CLARK, GEE and HILL, Circuit Judges.

BY THE COURT:

Presently before the Court is (1) a petition on behalf of appellants for a stay of the effective date of certain Emergency Temporary Standards (ETS) for diving operations, signed and entered June 9, 1976, by the Assistant Secretary for Occupational Safety and Health, Department of Labor (the "Secretary"), and published in Volume 41, No. 116 of the Federal Register on June 15, 1976; (2) a motion on behalf of the United Brotherhood of Carpenters and Joiners...

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