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BUILDERS STEEL CO. v. MARSHALL

No. 77-1589.

575 F.2d 663 (1978)

BUILDERS STEEL COMPANY, Petitioner, v. Ray v. MARSHALL, Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided May 17, 1978.

Attorney(s) appearing for the Case

Thomas M. Moore, Kansas City, Mo., for petitioner; Richard W. Miller, Kansas City, Mo., on brief.

Diane E. Burkley, Atty., U. S. Dept. of Labor, Washington, D. C., for respondent; Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., for Occupational Safety & Health, Allen H. Feldman, Acting Counsel for Appellate Litigation, Dennis K. Kade, Asst. Counsel for Appellate Litigation, Washington, D. C., on brief.

Before HEANEY and STEPHENSON, Circuit Judges, and BECKER, Senior District Judge.

HEANEY, Circuit Judge.

Builders Steel Company seeks review of a decision of an administrative law judge which found Builders in violation of occupational safety regulation 29 C.F.R. § 1926.105(a).1 The decision became the final order of the Occupational Safety and Health Review Commission (Commission) when no member directed its review within the statutory time period. 29 U.S.C. § 661(i); 29 C.F.R. § 2200.90(b)(3). Builders...

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