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CORNELL & CO., INC. v. OCCUP. S. & H. REVIEW COM'N

No. 76-2513.

573 F.2d 820 (1978)

CORNELL AND COMPANY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided March 9, 1978.

Attorney(s) appearing for the Case

Roger D. Susanin, Cunniff, Bray & McAleese, Bala Cynwyd, Pa., for petitioner.

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, Asst. Counsel for Appellate Litigation, Dennis K. Kade, Nancy L. Southard, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before ROSENN and VAN DUSEN, Circuit Judges, and COHILL, District Judge.

OPINION OF THE COURT

COHILL, District Judge.

On September 22, 1976, the Occupational Safety and Health Review Commission (the "Commission") rendered a decision holding that petitioner, Cornell and Company, Inc. ("Cornell"), had violated the safety standards of 29 C.F.R. §§ 1926.28(a) and 1926.104, promulgated pursuant to the Occupational Safety & Health Act of 1970, 29 U.S.C. § 651 et seq (the "Act").1

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