NATIONAL CONSTRUCTORS ASS'N v. MARSHAL

No. 77-1197.

581 F.2d 960 (1978)

NATIONAL CONSTRUCTORS ASSOCIATION, an unincorporated association, Petitioner, v. Ray MARSHAL, Secretary of Labor, U. S. Department of Labor, Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, and The Occupational Safety and Health Administration, U. S. Department of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1978.


Attorney(s) appearing for the Case

Steven R. Semler, Chicago, Ill., for petitioner.

William G. Staton, Atty., U. S. Dept. of Labor, Washington, D. C., a member of the bar of the Supreme Court of Pennsylvania, was allowed to argue pro hac vice by special leave of this court, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health Administration, Washington, D. C., a member of the bar of the Supreme Court of New York was allowed to argue pro hac vice by special leave of this Court, with whom Michael H. Levin and Allen H. Feldman, Attys., U. S. Dept. of Labor, Washington, D. C., were on the brief, for respondent.

Before LUMBARD, Senior Circuit Judge for the Second Circuit, and McGOWAN and WILKEY, Circuit Judges.


Opinion for the Court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

To bring power to electrical handtools and other equipment, constructors typically provide building sites with temporary electrical systems, often involving many feet of extension cords and large numbers of moveable outlets. Because the construction environment exposes this electrical transmission equipment, as well as the tools themselves...

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