SOUTHERN PACIFIC TRANSPORTATION COMPANY, Petitioner,
v.
W.J. USERY, Jr., Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents, and
United Transportation Union and American Federation of Labor-Congress of Industrial Organizations (AFL-CIO), Intervenors.
UNION PACIFIC RAILROAD COMPANY, Petitioner,
v.
W.J. USERY, Jr., Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents, and
United Transportation Union and American Federation of Labor-Congress of Industrial Organizations (AFL-CIO), Intervenors.
SEABOARD COAST LINE RAILROAD COMPANY, Petitioner,
v.
W.J. USERY, Jr., Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents. and
United Transportation Union and American Federation of Labor-Congress of Industrial Organizations (AFL-CIO), Intervenors.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
September 22, 1976.
September 22, 1976.
Attorney(s) appearing for the Case
Richard R. Brann, Houston, Tex., for Southern Pac. Transp. Co.
H. Lustgarten, Jr., Omaha, Neb., for Union Pac. R.R. Co.
Malcolm R. Maclean, Charles A. Edwards, Savannah, Ga., John W. Weldon and Edward Charron, Jacksonville, Fla., for Seaboard Coastline R.R. Co.
Allen H. Feldman, Atty., U.S. Dept. of Labor, Washington, D.C., George Avery, Regional Sol., U.S. Dept. of Labor, Dallas, Tex., William McLaughlin, Executive Secretary, OSHRC, Washington, D.C., Marvin M. Tincher, U.S. Dept. of Labor, Office of the Sol., Nashville, Tenn., Robert A. Friel, Associate Regional Sol., U.S. Dept. of Labor, Seattle, Wash., William Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Michael H. Levin, Counsel for Litigation, Baruch A. Fellner, Counsel for Regional Litigation, U.S. Dept. of Labor, Washington, D.C., for respondents.
Edward J. Hickey, Jr., William J. Hickey, William E. Fredenberger, Jr., Washington, D.C., for Ry. Emp. Dept., amicus curiae.
William M. Moloney and John B. Norton, Washington, D.C., for Ass'n of American R.R., amicus curiae.
Lawrence M. Mann, Washington, D.C., for intervenors AFL-CIO and United Transp. Union.
Before TUTTLE, GODBOLD and GEE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
GEE, Circuit Judge:
These consolidated cases involve a single question of statutory interpretation: whether the petitioners, at the time the violations involved here occurred, were obliged to comply with safety standards promulgated by the Secretary of Labor (the Secretary) pursuant to the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq. (1970). In No. 74-3981, Southern Pacific Transportation Co. petitions for review of an order of the...
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