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CTM, INC. v. OCCUPATIONAL SAFETY & HEALTH REV.

No. 76-1789.

572 F.2d 262 (1978)

CTM, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided February 6, 1978.

Rehearing Denied April 27, 1978.

Attorney(s) appearing for the Case

Richard L. Bohanon, Oklahoma City, Okl. (Bohanon & Barth, Oklahoma City, Okl., of counsel, with him on the brief), for petitioner.

William G. Staton, Atty., U. S. Dept. of Labor, Washington, D. C. (Alfred G. Albert, Acting Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety & Health, Michael H. Levin, Counsel for Appellate Litigation, and Allen H. Feldman, Assistant Counsel for Appellate Litigation, Dept. of Labor, Washington, D. C., with him on the brief), for respondents.

Before SETH, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.

SETH, Chief Judge.

This is a petition to review the determination by the Occupational Safety and Health Review Commission that the petitioner had violated the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. This review is pursuant to 29 U.S.C. § 660(a), following a hearing and decision by an administrative law judge which was affirmed by a two-to-one vote of the Review Commission.

The standard of review as to the facts is set...

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