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DIEBOLD, INC. v. MARSHALL

No. 76-1278.

585 F.2d 1327 (1978)

DIEBOLD, INCORPORATED, Petitioner, v. F. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 3, 1978.

Attorney(s) appearing for the Case

Hulse Hays, Jr., Roger A. Weber, Cincinnati, Ohio, for petitioner.

General Counsel, Occupational Safety & Health Review Com'n, Washington, D. C., William J. Kilberg, Stephen A. Bokat, Baruch A. Fellner, Allen H. Feldman, Jeffrey Lewis Berger, Michael H. Levin, U. S. Dept. of Labor, Washington, D. C., William S. Kloepfer, Assoc. Regional Sol., U. S. Dept. of Labor, Cleveland, Ohio, for respondents.

Before WEICK and LIVELY, Circuit Judges, and WALINSKI, District Judge.

WALINSKI, District Judge.

Petitioner Diebold, Inc. seeks judicial review of a decision by the Occupational Safety and Health Review Commission (hereinafter "the Commission") that Diebold has violated a safety regulation promulgated by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-78 (hereinafter "the Act"). Diebold contends that the Commission erred in its interpretation of the applicable regulations...

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