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TAYLOR DIVING & SALVAGE v. U. S. DEPT. OF LABOR

No. 77-2875.

599 F.2d 622 (1979)

TAYLOR DIVING & SALVAGE CO., INC., et al., Petitioners, v. U. S. DEPARTMENT OF LABOR, F. Ray Marshall, Secretary of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.

United States Court of Appeals, Fifth Circuit.

July 16, 1979.

Attorney(s) appearing for the Case

Stanley R. Strauss, Michael J. Bartlett, Dixie L. Atwater, Washington, D. C., Michael J. Molony, Jr., New Orleans, La., for petitioner.

W. Scott Railton, Washington, D. C., for Chamber of Commerce, amici curiae.

W. William Ament, Reston, Va., for Occupational Safety & Health Group, Organization Resources Counselors, Inc., amici curiae.

Nathaniel I. Spiller, Edward A. Klein, Atty., Dept. of Labor, Washington, D. C., for respondents.

Before JONES, AINSWORTH and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

In this case we examine the validity of three provisions of the commercial diving health standard1 promulgated by the Occupational Safety and Health Administration of the Department of Labor (OSHA), pursuant to the Occupational Safety and Health Act of 1970, 29 U.S.C.A. §§ 651-678 (1975) (the Act). The petitioning companies, all members of the petitioning Association of Diving Contractors (ADC) who...

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