Attorney(s) appearing for the Case
Denis V. Brenan, Philadelphia, Pa., for petitioner; Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.
Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Asst. Counsel for App. Litigation, Linda S. Lewis, Atty., U. S. Dept. of Labor, Washington, D. C., for respondents.
Before ADAMS, BIGGS and WEIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
WEIS, Circuit Judge.
An Occupational Safety and Health Act standard for the use of industrial overhead cranes includes the phrase "under normal operating conditions." The Secretary of Labor and the Occupational Safety and Health Review Commission do not agree on whether maintenance operations are covered by the standard. We conclude they are not. Accordingly, we grant a petition for review and set aside a Commission order assessing a...
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