MARSHALL v. C. F. & I. STEEL CORP.

No. 76-1952.

576 F.2d 809 (1978)

Ray MARSHALL, Secretary of Labor, Petitioner, v. C. F. & I. STEEL CORPORATION and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided May 3, 1978.

Rehearing Denied July 6, 1978.


Attorney(s) appearing for the Case

John A. Bryson, U. S. Dept. of Labor, Washington, D. C. (Alfred G. Albert, Acting Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, Allen H. Feldman, Asst. Counsel for Appellate Litigation and Stephen A. Bokat, Atty., U. S. Dept. of Labor, Washington, D. C., on the brief), for petitioner.

Miles C. Cortez, Jr., of Welborn, Dufford, Cook & Brown, Denver, Colo. (Richard L. Fanyo of Welborn, Dufford, Cook & Brown, Denver, Colo., on the brief), for respondent C. F. & I. Steel Corp.

Before HOLLOWAY, DOYLE and McKAY, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

This case arose under the Occupational Safety and Health Act. The review proceedings in this court have been instituted by the Secretary of Labor following a decision unfavorable to the Department by the Occupational Safety and Health Review Commission (OSHRC), pursuant to 29 U.S.C. § 660(b) (1970). The Commission's decision reversed a decision of its Administrative Law Judge, which had held the respondent Colorado Fuel and Iron...

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