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IRVINGTON MOORE, ETC. v. OCCUPATIONAL SAFETY

Nos. 75-2159 and 75-2160.

556 F.2d 431 (1977)

IRVINGTON MOORE, DIVISION OF U. S. NATURAL RESOURCES, INC., Petitioner, v. The OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and F. Ray Marshall, Secretary of Labor, Respondents. GEM TOP MANUFACTURING, INC., Petitioner, v. The OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and F. Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 9, 1977.

Attorney(s) appearing for the Case

James B. Ruyle, Sabin, Newcomb, Sabin & Meyer, Portland, Or., argued for petitioner.

Jeffrey L. Berger, Atty., William S. McLaughlin, Executive Secretary Occupational Safety & HRC, Washington, D. C., argued for respondents.

Before LUMBARD, WRIGHT and ANDERSON, Circuit Judges.

LUMBARD, Circuit Judge:

Gem Top Manufacturing, Inc. and Irvington Moore, Division of U.S. Natural Resources, petition for review under 29 U.S.C. § 660 of decisions by the Occupational Safety and Health Review Commission holding that they have been violating 29 C.F.R. § 1910.212(a)(3)(ii) by failing to provide point-of-operation guarding on press brakes operated in their plants. Petitioners' principal contention is that press brakes are exempt from the general...

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