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GAF CORP. v. OCCUPATIONAL SAFETY & HEALTH REV.

No. 76-1028.

561 F.2d 913 (1977)

GAF CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and John T. Dunlop, Secretary of Labor, Respondents, United Paperworkers Int'l Union, Local 691, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1977.

As Amended July 13, 1977.

Rehearing Denied September 22, 1977.

Attorney(s) appearing for the Case

Ira J. Smotherman, Jr., Atlanta, Ga., with whom McNeill Stokes, Atlanta, Ga., was on the brief, for petitioner.

Nancy L. Southard, Atty., U. S. Dept. of Labor, Washington, D. C., with whom Michael H. Levin, Counsel for Appellate Litigation, and Allen H. Feldman, Asst. Counsel for Appellate Litigation, U. S. Dept. of Labor., Washington, D. C., were on the brief, for respondents.

Miriam L. Gafni, Philadelphia, Pa., with whom Richard H. Markowitz, Philadelphia, Pa., and George M. Cohen, New York City, were on the brief, for intervenor.

Before TOM CLARK, Retired Associate Justice of the Supreme Court of the United States, and MacKINNON and ROBB, Circuit Judges.

Opinion for the Court filed by ROBB, Circuit Judge.

Special concurring opinion filed by MacKINNON, Circuit Judge.

Mr. Justice CLARK concurred in the opinion of the Court but died before it was entered.

ROBB, Circuit Judge:

GAF Corporation (GAF) petitions for review of an order of the Occupational Safety and Health Review Commission (the Commission). The challenged order found GAF in violation of a regulation requiring employers

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