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MARSHALL v. DANIEL CONST. CO., INC.

No. 76-1465.

563 F.2d 707 (1977)

F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, v. DANIEL CONSTRUCTION COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 30, 1977.

Attorney(s) appearing for the Case

William J. Kilberg, Sol. of Labor, U. S. Dept. of Labor, Michael H. Levin, Counsel for Appellate Litigation, Dept. of Labor, Dennis K. Kade, Benjamin W. Mintz, Associate Sols. for Occupational Safety and Health, Washington, D. C., for appellant.

Robert M. Weinberg, George H. Cohen, Washington, D. C., for Industrial Union Dept. of AFL-CIO, amicus curiae.

Homer L. Deakins, Jr., Gregory B. Tobin, Robert T. Thompson, John P. Campbell, Atlanta, Ga., for defendant-appellee.

Before WISDOM, CLARK and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 30, 1977.

CHARLES CLARK, Circuit Judge:

Pursuant to 29 U.S.C. § 660(c)(2)1 of the Occupational Safety and Health Act of 1970, id. §§ 651 et seq., the United States Secretary of Labor (Secretary) filed a complaint in the district court alleging that defendant, Daniel Construction Company (Daniel), had discharged one of its employees, Jimmy D. Simpson, for...

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