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MARSHALL v. CITIES SERV. OIL CO.

No. 76-1927.

577 F.2d 126 (1978)

Ray MARSHALL, Secretary of Labor, Petitioner, v. CITIES SERVICE OIL CO. and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided June 5, 1978.

Attorney(s) appearing for the Case

Nancy L. Southard, U. S. Dept. of Labor, Washington, D. C. (Carin A. Clauss, Sol. of Labor, Alfred G. Albert, Acting Sol. of Labor, Benjamin W. Mintz, Associate Sol., Washington, D. C., for Occupational Safety and Health, Michael H. Levin and Allen H. Feldman, Washington, D. C., Counsel for App. Litigation, on briefs), for petitioner.

Robert R. Reis, Tulsa, Okl. (Russell H. Smith, Tulsa, Okl., on brief), for respondent Cities Service Oil Co.

Before HOLLOWAY, BARRETT and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

The Secretary of Labor (Secretary) petitions to review and set aside an order of the Occupational Safety and Health Review Commission (Commission). The petition for review does not involve factual issues. The challenge posed relates to the propriety of the legal conclusions reached by the Commission in arriving at its ruling that Cities Service Oil Co. (Cities) had not violated the general duty clause, 29 U.S.C.A. § 654(a)(1)

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