FIELDCREST MILLS, INC. v. O. S. H. R. C.

No. 74-2107.

545 F.2d 1384 (1976)

FIELDCREST MILLS, INC., Petitioner, v. The OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Peter J. Brennan, Secretary of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1976.


Attorney(s) appearing for the Case

Robert E. Payne, Richmond, Va. (John S. Battle, Jr., McGuire, Woods & Battle, Richmond, Va., on brief), for petitioner.

Allen H. Sachsel, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C. (William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, Washington, D. C., Allen H. Feldman, Acting Asst. Counsel, Carla A. Hills, Asst. Atty. Gen., New York City, and Stephen F. Eilperin, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for respondents.

Before BRYAN, Senior Circuit Judge, CRAVEN, Circuit Judge, and CLARKE, District Judge.


PER CURIAM:

This appeal is from an order of the Review Commission entered August 6, 1974 under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651, et seq.1 The Commission's order reversed the Administrative Law Judge's summary judgment that Fieldcrest Mills, Inc., a processor of raw cotton at Columbus, Georgia, was not guilty under a citation issued by the Secretary of Labor, § 658, for failing to comply with a safety...

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