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SOUTHWESTERN BELL TELEPHONE COMPANY v. SECRETARY OF LABOR

No. 77-2463 Summary Calendar.

568 F.2d 368 (1978)

SOUTHWESTERN BELL TELEPHONE COMPANY, Petitioner, v. SECRETARY OF LABOR and Occupational Safety and Health Review Commission, Respondents, Communications Workers of America, Local 12222, Intervenor-Employee Representatives.

United States Court of Appeals, Fifth Circuit.

February 21, 1978.

Attorney(s) appearing for the Case

Joseph R. Dyer, Bell Telephone Co., James M. Shatto, Houston, Tex., for petitioner.

Allen H. Feldman, Asst. Counsel, Dept. of Labor, Benjamin W. Mintz, Assoc. Sol., Carin A. Clauss, Sol. of Labor, Michael H. Levin, John A. Bryson, Attys., U. S. Dept. of Labor, Washington, D. C., for respondents.

William N. Wheat, Neta L. Frazier, Houston, Tex., for Communications Workers Bldg.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

On this Petition for Review of a Decision and Order of the Occupational Safety and Health Review Commission, the employer argues that telecommunications standard 29 C.F.R. § 1910.268(h)(8)(iii) (1976) does not require the top rung of a fixed manhole ladder to be within 12 inches of the top of the manhole, and that the 26-inch space from the top to the first rung on employer's ladders did not contravene that regulation which provides:

(8)...

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