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MARSHALL v. PITTSBURGH-DES MOINES STEEL CO.

Nos. 77-1809, 77-1810.

584 F.2d 638 (1978)

Ray MARSHALL, Secretary of Labor, Petitioner, v. PITTSBURGH-DES MOINES STEEL COMPANY and Occupational Safety and Health Review Commission, Respondents. Ray MARSHALL, Secretary of Labor, Petitioner, v. WHEELING-PITTSBURGH STEEL CORPORATION and Wheeling Corrugating Company, Division of Wheeling-Pittsburgh Steel Corporation, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided September 22, 1978.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, Allen H. Feldman, Associate Counsel for Appellate Litigation, Nancy L. Southard, Atty., U. S. Dept. of Labor, Washington, D. C., for petitioner Secretary of Labor.

Leon G. Krasinski, Counsel, Nancy Jane Palmer, Associate Counsel, Pittsburgh-Des Moines Steel Co., Neville Island, Pittsburgh, Pa., for respondent Pittsburgh-Des Moines Steel Co.

Henry J. Wallace, Jr., Patrick W. Ritchey, Reed Smith Shaw & McClay, Pittsburgh, Pa., for respondent Wheeling-Pittsburgh Steel Corp.; George Raynovich, Wheeling-Pittsburgh Steel Corp., Pittsburgh, Pa., of counsel.

Allen Sachsel, Appellate Section, Civil Div., U. S. Dept. of Justice, Washington, D. C., for respondent Occupational Safety and Health Review Com'n.

Before SEITZ, Chief Judge, and VAN DUSEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Before us are two petitions for review filed by the Secretary of Labor pursuant to 29 U.S.C. § 660(b), asking this court to set aside certain orders of the Occupational Safety and Health Review Commission. In separate proceedings, the Commission vacated citations issued by the Secretary to respondents Pittsburgh-Des Moines Steel Company (PDM) and Wheeling-Pittsburgh Steel Company for alleged violations of two...

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