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DUNLOP v. ROCKWELL INTERN.

No. 75-1672.

540 F.2d 1283 (1976)

John T. DUNLOP, Secretary of Labor, Petitioner, v. ROCKWELL INTERNATIONAL (Formerly North American Rockwell Corp.) and the Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided August 26, 1976.

Rehearing and Rehearing Denied January 3, 1977.

Attorney(s) appearing for the Case

Michael H. Levin, Counsel for Appellate Litigation, Kenneth A. Hellman, Allen H. Feldman, U. S. Dept. of Labor, Washington, D. C., for petitioner.

Harry T. Quick, Arter & Hadden, Cleveland, Ohio, William S. McLaughlin, Executive Secretary, Occupational Safety and Health Review Commission, Washington, D. C., for respondents.

Allen H. Sachsel, App. Sect., Dept. of Justice, Washington, D. C., for Occupational Safety & Health Review Commission.

Before EDWARDS and CELEBREZZE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 3, 1977.

CELEBREZZE, Circuit Judge.

This action is before the Court pursuant to 29 U.S.C. § 660(b), which authorizes the Secretary of Labor (hereinafter "Secretary") to petition for either review or enforcement of any final order of the Occupational Safety and Health Review Commission (hereinafter "Commission").

In January of 1973, Rockwell International Corp. (hereinafter "Rockwell") was operating...

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