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MARSHALL v. WESTERN ELEC., INC.

No. 96, Docket 77-4076.

565 F.2d 240 (1977)

Ray MARSHALL, Secretary of Labor, Petitioner, v. WESTERN ELECTRIC, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided November 4, 1977.

Attorney(s) appearing for the Case

Dennis K. Kade, U.S. Dept. of Labor, Washington, D.C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, and Michael H. Levin, counsel for App. Litigation, U.S. Dept. of Labor, Washington, D.C., on the brief), for petitioner.

Laurel J. McKee, New York City (Robert A. Levitt, and Lawrence M. Joseph, New York City, on the brief), for respondent Western Electric Co., Inc.

Before WATERMAN, ANDERSON and MANSFIELD, Circuit Judges.

ANDERSON, Circuit Judge:

The Secretary of Labor petitions for review of an order of the Occupational Safety and Health Review Commission, which held that respondent, Western Electric, Inc., did not violate the Emergency Temporary Vinyl Chloride Standard issued by the Secretary under the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. §§ 651, et seq. The Secretary complains that Western Electric...

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