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AMERICAN AIRLINES, INC. v. SECRETARY OF LABOR

No. 954, Docket 78-4018.

578 F.2d 38 (1978)

AMERICAN AIRLINES, INC., Petitioner, v. SECRETARY OF LABOR, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided June 21, 1978.

Attorney(s) appearing for the Case

Glen E. Walker, New York City, for petitioner.

Thomas Holzman, Washington, D. C. (Carin A. Clauss, Sol. of Labor; Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health; Allen H. Feldman, Acting Counsel for Appellate Litigation; Dennis K. Kade, Asst. Counsel for Appellate Litigation; Charles I. Hadden, Atty., Washington, D. C.; Francis V. La Ruffa, Regional Sol., New York City, of counsel), for respondents.

Before KAUFMAN, Chief Judge, FEINBERG, Circuit Judge, and WERKER, District Judge.

IRVING R. KAUFMAN, Chief Judge:

We are asked to decide whether the Occupational Safety and Health Review Commission, in construing its protective equipment regulation, correctly determined that American Airlines must require all its cargo handlers to wear steel-toed safety shoes to meet its responsibilities under that standard. We recognize that OSHA's efforts have contributed significantly to the health and welfare of our nation's work force. Moreover, we are not...

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