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MARSHALL v. L. E. MYERS CO.

No. 77-2278.

589 F.2d 270 (1978)

Ray MARSHALL, Secretary of Labor, Petitioner, v. L. E. MYERS COMPANY and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided November 21, 1978.

Opinion December 21, 1978.

Attorney(s) appearing for the Case

John A. Bryson, II, Washington, D. C., for petitioner.

W. Brand Bobosky, Naperville, Ill., for respondents.

Before CASTLE, Senior Circuit Judge, BAUER and WOOD, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

Pursuant to Section 11(a) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., the Secretary of Labor petitions this court to review and set aside an order of the equally divided Occupational Safety and Health Review Commission which permitted the administrative law judge's decision in favor of L. E. Myers Co. (Myers) to become the final order of the Commission.

In May 1974 in the performance...

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