LONG MFG. CO., N.C., INC. v. O. S. & H. REVIEW COM'N

No. 76-1518.

554 F.2d 903 (1977)

LONG MANUFACTURING CO., N. C., INC., Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION and F. Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1977.


Attorney(s) appearing for the Case

Michael L. Roeder, Davenport, Iowa, for petitioner.

Stephen A. Bokat, Atty., U. S. Dept. of Labor, Washington, D. C., for respondent; William J. Kilberg, Sol. of Labor; Benjamin W. Mintz, Associate Sol. for Occupational Safety & Health; Michael H. Levin, Counsel for Appellate Litigation, Washington, D. C., on the brief.

Before WEBSTER and HENLEY, Circuit Judges, and MEREDITH, District Judge.


HENLEY, Circuit Judge.

In this proceeding Long Manufacturing Co., N. C., Inc., hereinafter petitioner, seeks judicial review of a final order of the Occupational Safety & Health Review Commission (OSHRC), hereinafter Commission, assessing a civil penalty against petitioner for having failed to abate a violation of a safety standard contained in a regulation appearing as 29 C.F.R. § 1910.212 promulgated by the Secretary of Labor pursuant to the National Occupational...

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