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GENERAL DYNAMICS v. OCCUPATIONAL SAFETY & HEALTH

No. 78-1348.

599 F.2d 453 (1979)

GENERAL DYNAMICS CORPORATION, QUINCY SHIPBUILDING DIVISION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION et al., Respondents.

United States Court of Appeals, First Circuit.

Decided May 23, 1979.

Attorney(s) appearing for the Case

Paul V. Lyons, Boston, Mass., with whom Lewis H. Weinstein, Stephen B. Deutsch, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for petitioner.

Thomas L. Holzman, Atty., Dept. of Labor, with whom Carin A. Clauss, Sol. of Labor, Washington, D. C., Albert H. Ross, Regional Sol., Boston, Mass., Benjamin W. Mintz, Associate Sol., Washington, D. C., for Occupational Safety and Health, and Allen H. Feldman, Acting Counsel for Appellate Litigation, Washington D. C., were on brief, for respondents.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, PETTINE, District Judge.

PETTINE, District Judge.

The employer, a shipbuilder, (Quincy), petitions this court to review a decision of the Occupational Safety and Health Review Commission (the "Review Commission") that the employer committed a serious violation of the general duty clause, section 5(a)(1) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(1),1 by failing to provide adequate safety instructions on the procedure for supporting...

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