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UNION PAC. R. R. v. JOHNSON

No. 59999.

264 N.W.2d 796 (1978)

UNION PACIFIC RAILROAD, Appellee, v. Acting Commissioner of Labor, Walter M. JOHNSON and Occupational Safety and Health Review Commission, Appellants.

Supreme Court of Iowa.

April 19, 1978.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Thomas D. McGrane, Asst. Atty. Gen., and Lyle Rodenburg, County Atty., for appellants.

Maynard S. Telpner, Council Bluffs and John J. Marchant, Omaha, Neb., for appellee.

Lawrence M. Mann, of Alper, Schoene, Horkan & Mann, Washington, D. C., for amicus curiae, AFL-CIO and United Transp. Union.

Considered by MOORE, C. J., and REES, UHLENHOPP, HARRIS and McCORMICK, JJ.

MOORE, Chief Justice.

The Commissioner of Labor and the Iowa Occupational Safety and Health Review Commission (IOSHRC) appeal from trial court order granting summary judgment for Union Pacific Railroad which overturned a final order of IOSHRC and dismissed citations and attendant fines issued by the Iowa Bureau of Labor. Trial court ruled that Iowa Bureau of Labor Rule 1910.5(b) precluded IOSHRC officials from enforcing OSHA standards in the railroad repair shops...

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