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DRAVO CORP. v. OCCUPATIONAL SAFETY & HEALTH REV.

No. 77-2517.

584 F.2d 637 (1978)

DRAVO CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, F. Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided September 15, 1978.

Attorney(s) appearing for the Case

Charles R. Volk, Jane A. Lewis, Thorp, Reed & Armstrong, Pittsburgh, Pa., for petitioner.

Carin A. Clauss, Sol. for Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health.

Allen H. Feldman, Acting Counsel for Appellate Litigation, Dennis K. Kade, Assistant Counsel for Appellate Litigation, Nancy L. Southard, Eric W. Cloud, Attys., U. S. Dept. of Labor, Washington, D. C., Marshall Harris, Regional Sol., Philadelphia, Pa., for Secretary of Labor.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges, and MEANOR, District Judge.

OPINION OF THE COURT

PER CURIAM.

Dravo Corporation petitions for review of a decision by an equally divided Occupational Safety and Health Review Commission which made final the Administrative Law Judge's affirmance of a citation for violation of OSHA Standard 29 C.F.R. § 1916.51(c): "Slippery conditions on walkways or working surfaces shall be eliminated as they occur." Dravo is engaged in heavy metal fabrication of tow boats and barges. Following...

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