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BETHLEHEM STEEL CORP. v. OCC. SAF. & H. R. COMM.

No. 79-1041.

607 F.2d 871 (1979)

BETHLEHEM STEEL CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Secretary of Labor, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided October 15, 1979.

Attorney(s) appearing for the Case

Denis V. Brenan (argued), Richard F. McMenamin, Morgan, Lewis & Bockius, Philadelphia, Pa., for petitioner.

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Allen H. Feldman, Acting Counsel for Appellate Litigation, Dennis K. Kade, Asst. Counsel for Appellate Litigation, Laura A. Fargas (argued), U.S. Dept. of Labor, Washington, D.C., Marshall H. Harris, Regional Sol., Philadelphia, Pa. for respondent.

Before SEITZ, Chief Judge, and GIBBONS and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Bethlehem Steel Corporation (Bethlehem), the operator of a ship repair yard at Hoboken, New Jersey, petitions under section 11(a) of the Occupational Safety and Health Act, 29 U.S.C. § 660(a) (1976) (the Act), for review of an order of the Occupational Safety and Health Review Commission (OSHRC) finding that Bethlehem violated the general duty clause, section 5(a)(1) of the Act, 29 U.S.C. § 654(a)(1...

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