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KEYSTONE ROOFING v. OCCUPATIONAL S. & H. REV. COM'N

No. 75-2010.

539 F.2d 960 (1976)

KEYSTONE ROOFING COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, and John T. Dunlop, Secretary of Labor, Respondent. HAROLD E. SWEENEY CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, and John T. Dunlop, Secretary of Labor, Respondent, Keystone Roofing Company, Inc., and Harold E. Sweeney Corporation, Petitioners.

United States Court of Appeals, Third Circuit.

Decided July 23, 1976.

Attorney(s) appearing for the Case

Steven R. Waxman, Bolger & Picker, Philadelphia, Pa., for petitioners.

William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Occupational Safety and Health, Michael H. Levin, Counsel for App. Litigation, Allen H. Feldman, Asst. Counsel, Nancy L. Southard, Atty., Secretary of Labor, U. S. Dept. of Labor, Washington, D. C., for respondent.

Before SEITZ, Chief Judge, and ALDISERT and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision is whether 29 U.S.C. § 660(a) of the Occupational Safety and Health Act of 1970 (OSHA) permits a reviewing court to consider an employer's1 objection to an OSHA citation which was argued to the OSHA hearing examiner, but which was neither the subject of a petition to the Occupational Safety and Health Review Commission (OSHRC) for discretionary review...

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