SOUTHERN RAILWAY COMPANY, Petitioner,
v.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Peter J. Brennan, Secretary of Labor, United States Department of Labor, Respondents,
AFL-CIO and United Transportation Union, Intervenors.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued July 10, 1975.
Decided February 9, 1976.
Attorney(s) appearing for the Case
Charles A. Horsky, Washington, D. C. (Jeffrey S. Berlin, Covington & Burling, Washington, D. C., Edgar A. Neely, Jr., Richard K. Hines, Neely, Freeman & Hawkins, Atlanta, Ga., and William P. Stallsmith, Jr., Washington, D. C., on brief), for petitioner.
William M. Moloney, John B. Norton, John F. Kay, Jr., Mays, Valentine, Davenport & Moore, Richmond, Va., on brief, for amicus curiae Ass'n of American Railroads.
Benjamin W. Mintz, Associate Solicitor for Occupational Safety and Health, U. S. Dept. of Labor, Washington, D. C. (William J. Kilberg, Solicitor of Labor, Michael H. Levin, Counsel for Appellate Litigation, Allen H. Feldman, Asst. Counsel for Appellate Litigation, and Dennis K. Kade, Atty., U. S. Dept. of Justice, Washington, D. C., on brief), for respondents.
Lawrence M. Mann, Washington, D. C. (Bernstein, Alper, Schoene & Friedman, Washington, D. C., on brief), for intervenors.
Before CRAVEN, BUTZNER and FIELD, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
FIELD, Circuit Judge:
This case is before the court upon a petition for review of a final order of the Occupational Safety and Health Review Commission (Commission) entered November 26, 1974, against Southern Railway Company (Southern). This court has jurisdiction under Section 11(a) of the Occupational Safety and Health Act of 1970 (OSHA/Act).1
The facts are undisputed. The petitioner...
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