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UNITED PARCEL SERVICE OF OHIO v. O. S. & H. R. C.

No. 77-1762.

570 F.2d 806 (1978)

UNITED PARCEL SERVICE OF OHIO, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Secretary of Labor, United States Department of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1978.

Attorney(s) appearing for the Case

David W. Welch, Moller, Talent, Kuelthau, Dowell & Fisher, St. Louis, Mo., for petitioner.

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for Appellate Litigation, and Diane E. Burkley, Atty., U. S. Dept. of Labor, Washington, D. C., on brief, for respondents.

Before BRIGHT and HENLEY, Circuit Judges, and SMITH, Senior District Judge.

HENLEY, Circuit Judge.

In this original proceeding petitioner, United Parcel Service of Ohio, Inc. (UPS), seeks judicial review of an adverse order of the Occupational Safety and Health Review Commission (OSHRC), an adjudicatory agency of the United States established by the Occupational Safety & Health Act of 1970, 29 U.S.C. §§ 651 et seq. We have jurisdiction by virtue of 29 U.S.C. § 660(a), and in the exercise of that jurisdiction we are...

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