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DOREY ELEC. CO. v. OCCUP. S. & H. REVIEW COM'N

No. 74-2181.

553 F.2d 357 (1977)

DOREY ELECTRIC COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided April 14, 1977.

Attorney(s) appearing for the Case

E. Kenneth Day, Norfolk, Va., Ira J. Smotherman, Jr., Atlanta, Ga. (Carole T. Frantz, Day & Summs, Norfolk, Va., on brief), for petitioner.

Michael H. Stein, Atty., U. S. Dept. of Justice, Washington, D. C., (Irving Jaffe, Acting Asst. Atty. Gen., New York City, Stephen F. Eilperin, Atty., U. S. Dept. of Justice, William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, and Judith A. Burghardt, Washington, D. C., on brief), for respondent.

Before WINTER, BUTZNER and WIDENER, Circuit Judges.

PER CURIAM:

We deferred ruling on this petition for review until the Supreme Court decided whether an employer, who is charged with a violation of the Occupational Safety and Health Act that may subject him to civil penalties, is constitutionally entitled to a jury trial. In Atlas Roofing Co., Inc. v. Occupational Safety & Health Review Commission, ___ U.S. ___, 97 S.Ct. 1261, 51 L.Ed.2d 464 (1977), the...

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