GENERAL ELEC. CO. v. OCCUPATIONAL SAFETY & HEALTH

No. 432, Docket 77-4137.

583 F.2d 61 (1978)

GENERAL ELECTRIC COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided August 16, 1978.


Attorney(s) appearing for the Case

Stanley Schair, New York City (David L. Benetar, Roland C. Radice, Edward J. Cummings, Jr., Mark H. Leeds, Aranow Brodsky Bohlinger Benetar & Einhorn, Schenectady, N. Y., of counsel), for petitioner.

Eric W. Cloud, U. S. Dept. of Labor, 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 App. Litigation, U. S. Dept. of Labor, Washington, D. C., of counsel), for respondent.

Before FRIENDLY, GURFEIN and MESKILL, Circuit Judges.


MESKILL, Circuit Judge:

General Electric Company asks us to set aside a May 19, 1977, order of the Occupational Safety and Health Review Commission requiring the installation of a standard railing around the top of an oven in its Schenectady, New York, plant. The petition for review is made pursuant to § 11(a) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 660(a). We grant the petition, vacate the Commission's order, and set aside the citation...

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