AMERICAN FEDERATION OF LABOR & CONGRESS OF INDUSTRIAL ORGANIZATIONS et al., Petitioners,
v.
Ray MARSHALL, Secretary of Labor, United States Department of Labor, et al., Respondents.
COTTON WAREHOUSE ASSOCIATION, Petitioner,
v.
Ray MARSHALL, Secretary of Labor, United States Department of Labor, and Eula Bingham, Assistant Secretary of Labor, U. S. Department of Labor and Occupational Safety and Health Administration, U. S. Department of Labor.
AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC., Petitioner,
v.
Dr. Eula BINGHAM, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, Respondents,
American Federation of Labor and Congress of Industrial Organizations; Industrial Union Department, AFL-CIO; and Amalgamated Clothing and Textile Workers Union, AFL-CIO, CLC, Intervenors.
AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC., Petitioner,
v.
Dr. Eula BINGHAM, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, Respondents,
AFL-CIO, etc., Intervenors, (two cases).
MILLIKEN AND COMPANY, Petitioner,
v.
Ray MARSHALL, Secretary of Labor and Dr. Eula Bingham, Assistant Secretary of Labor, Respondents.
ARKWRIGHT MILLS, Petitioner,
v.
F. Ray MARSHALL, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.
SPARTAN MILLS, Petitioner,
v.
F. Ray MARSHALL, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.
BLAIR MILLS, INC., Petitioner,
v.
F. Ray MARSHALL, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.
HERMITAGE, INC., Petitioner,
v.
F. Ray MARSHALL, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.
DAN RIVER, INC., Petitioner,
v.
Dr. Eula BINGHAM, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, Respondents.
CONE MILLS CORPORATION, Petitioner,
v.
Ray MARSHALL, Secretary of Labor, United States Department of Labor, and Eula Bingham, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, Respondents.
MAYFAIR MILLS, Petitioner,
v.
F. Ray MARSHALL, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.
SPRINGS MILLS, INC., Petitioner,
v.
Ray MARSHALL, Secretary of Labor, United States Department of Labor, Dr. Eula Bingham, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, Respondents.
RIEGEL TEXTILE CORPORATION, Petitioner,
v.
Ray MARSHALL, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, and the Occupational Safety and Health Administration, United States Department of Labor, Respondents.
FIELDCREST MILLS, INC., Petitioner,
v.
F. Ray MARSHALL, Secretary of Labor, and Dr. Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, and the Occupational Safety and Health Administration, United States Department of Labor, Respondents.
AMERICAN COTTON SHIPPERS ASSOCIATION, Petitioner,
v.
Dr. Eula BINGHAM, Assistant Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Administration, United States Department of Labor, Respondents.
NATIONAL COTTONSEED PRODUCTS ASSOCIATION, Petitioner,
v.
Ray MARSHALL, Secretary of Labor, United States Department of Labor and Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor, Respondents.
NATIONAL COTTON COUNCIL OF AMERICA, Petitioner,
v.
Ray MARSHALL, Secretary of Labor, Eula Bingham, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor, Respondents.
WEST POINT-PEPPERELL, INC., Petitioner,
v.
Ray MARSHALL, Secretary of Labor and Eula Bingham, Assistant Secretary of Labor, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 14, 1979.
Decided October 24, 1979.
As Amended November 14, 1979.
Rehearing Denied January 11, 1980.
Attorney(s) appearing for the Case
George H. Cohen, Washington, D. C., with whom Robert M. Weinberg, Jeremiah A. Collins, David M. Silverman, Laurence Gold, Judith Kincaid, Raleigh, N. C., J. Albert Woll, Elliot Bredhoff and Arthur M. Goldberg, Washington, D. C., were on the brief, for AFL-CIO, et al. petitioner in No. 78-1562, and intervenors in Nos. 78-1979, 78-1980 and 78-1981.
Robert E. Payne, Richmond, Va., with whom John S. Battle, Jr., Richmond. Va., Gregory B. Tobin, Greenville, S. C., Edward W. Warren and Arthur F. Sampson III, Washington, D. C., were on the brief, for petitioners American Textile Manufacturers Institute, Inc., et al. in Nos. 78-1562, 78-1979, 78-1980, 78-1981 and 78-1993.
Harlan H. Huntley and Roger L. Tuttle, Danville, Va., were on the brief, for petitioner Dan River, Inc. in No. 78-1988.
Robert T. Thompson, Greenville S. C., with whom Gary S. Klein, Greenville, S. C., was on the brief, for petitioner Milliken and Company in Nos. 78-1982, 78-1986 and 78-1987.
Samuel K. Abrams and Brian E. Moran, Washington, D. C., were on the brief for petitioner Cone Mills Corp. in No. 78-1989.
Carl W. Vogt, Washington, D. C., with whom Joyce E. Reback and Neal P. Gillen, Washington, D. C., were on the brief, for petitioner Cotton Warehouse Association, et al., in Nos. 78-1736, 78-2013 and 78-2014.
Dan M. Byrd, Jr., New York City, was on the brief, for petitioner Springs Mills, Inc. in No. 78-1991.
Robert E. Gregory, Jr., Spartanburg, S. C., was on the brief, for petitioner Sparton Mills in No. 78-1984.
Lovic A. Brooks, Jr. and Charles A. Edwards, Atlanta, Ga., were on brief, for petitioner Riegel Textile Corporation, in No. 78-1992.
Neil Jay King, Alan N. Braverman and Max O. Truitt, Jr., Washington, D. C., were on the brief, for petitioner West Point Pepperell, Inc., in No. 78-2018.
Charles M. Crump, Memphis, Tenn., was on the brief, for petitioner National Cotton Council of America in No. 78-2016.
Allen H. Feldman and John A. Bryson, Attys., Dept. of Labor, Washington, D. C., with whom Thomas L. Holzman, Laura V. Fargas, Gail Lindsay Simmons, Attys., Dept. of Labor, Washington, D. C., were on the brief, for respondent.
Allen A. Lauterbach, Park Ridge, Ill., was on the brief, for Amicus Curiae urging the Secretary's order to be vacated in No. 78-1562.
Before BAZELON, Senior Circuit Judge, and TAMM and ROBINSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge BAZELON.
BAZELON, Senior Circuit Judge:
These consolidated petitions1 for review challenge a new permanent health standard limiting occupational exposure to cotton dust,2 which was promulgated by regulation on June 19, 1978 by the Occupational Safety and Health Administration of the Department of Labor (OSHA...
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