INDUSTRIAL U. DEPT., AFL-CIO v. BINGHAM

Nos. 77-1395 and 77-1516.

570 F.2d 965 (1977)

INDUSTRIAL UNION DEPARTMENT, AFL-CIO, et al., Petitioners, v. Dr. Eula BINGHAM, Assistant Secretary of Labor, et al., Respondents. The AMERICAN PETROLEUM INSTITUTE, the National Petroleum Refiners Association on behalf of their Respective Members and American Petrofina, Incorporated, et al., Petitioners v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, United States Department of Labor, Dr. Eula Bingham, Assistant Secretary of Labor, and Ray Marshall, Secretary of Labor, Respondents, Manufacturing Chemists Association, American Iron and Steel Institute, Independent Petroleum Association of America, Industrial Union Dept., AFL-CIO and United Rubber Workers, AFL-CIO, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Opinions Filed December 7, 1977.


Attorney(s) appearing for the Case

Edward W. Warren, Robert F. VanVoorhees, Washington, D.C., and Arthur F. Sampson, III, Falls Church, Va., were on the motion to retransfer for petitioners in No. 77-1516.

George H. Cohen, Washington, D.C., entered an appearance for petitioners in No. 77-1395 and intervenors Industrial Union Dept., AFL-CIO and United Rubber Workers, AFL-CIO, in No. 77-1516.

Jeremiah C. Collins, Washington, D.C., also entered an appearance for petitioners in No. 77-1395.

Nancy L. Southard and Michael H. Levin, Washington, D.C., were on the Opposition filed by respondent, Secretary of Labor to the motion to retransfer in No. 77-1516. They also entered appearances for respondent in No. 77-1395.

Harold B. Scoggins, Jr., Oklahoma City, Okl., was on the memorandum in support of motion to retransfer filed by intervenor Independent Petroleum Ass'n of America in No. 77-1516.

Robert P. Stranahan, Jr., Washington, D.C., was on the response to the motion to retransfer filed by intervenor American Iron and Steel Institute in No. 77-1516.

John H. Pickering, Washington, D.C., entered an appearance for intervenor Manufacturing Chemists Ass'n in No. 77-1516.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and WILKEY, Circuit Judges.


ON MOTION TO RETRANSFER CASE.

Opinion PER CURIAM.

Opinion supporting jurisdiction and transfer, filed by LEVENTHAL, Circuit Judge.

Opinion supporting transfer for lack of jurisdiction, filed by WILKEY, Circuit Judge.

Opinion supporting jurisdiction and dissenting from the order of transfer, filed by FAHY, Senior Circuit Judge.

PER CURIAM:

The question at hand is whether the District...

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