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GETTY OIL CO. v. OCCUPATIONAL S & H REVIEW COM'N

No. 75-1828.

530 F.2d 1143 (1976)

GETTY OIL COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and the United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 16, 1976.

Attorney(s) appearing for the Case

Jack L. Brandon, Houston, Tex., for petitioner.

William S. McLaughlin, Executive Sec., OSHRC, John T. Dunlop, Secretary of Labor, Robert K. Salvers, Jr., Michael H. Levin, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before TUTTLE, GODBOLD and GEE, Circuit Judges.

TUTTLE, Circuit Judge:

This is a petition for review of an Order of the Occupational Safety and Health Review Commission issued against petitioner Getty Oil Company on March 17, 1975, finding Getty guilty of a serious violation of Section 5(a)(1) of the Occupational Safety and Health Act, and assessing a penalty of $550. Finding substantial evidence on the record as a whole to support the Commission's decision, we affirm its Order.

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