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GODWIN v. OCCUPATIONAL SAF. & HEALTH REV. COM'N

No. 75-2196.

540 F.2d 1013 (1976)

Richard GODWIN, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

August 16, 1976.

Attorney(s) appearing for the Case

David A. Rosenfeld of Van Bourg, Allen, Weinberg, Williams & Roger, San Francisco, Cal., for petitioner.

Robert K. Salyers, Jr., Atty. of U. S. Dept. of Labor, Washington, D. C., for respondent.

Before CARTER and ELY, Circuit Judges, and BURNS, District Judge.

OPINION

JAMES M. CARTER, Circuit Judge:

The issue in this appeal is whether Les Mares Enterprises, Inc. (hereafter "Les Mares") was an "employer engaged in a business affecting commerce" and therefore subject to the jurisdiction of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651, et seq.) (hereafter the "Act"). We hold that Les Mares was such an employer and we reverse the decision of...

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