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McGOWAN v. MARSHALL

No. 77-3495.

604 F.2d 885 (1979)

John W. McGOWAN, Petitioner, v. F. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

October 16, 1979.

Attorney(s) appearing for the Case

David K. McGowan, Jackson, Miss., for petitioner.

Lorelei Joy Borland, Atty., Office of the Solicitor, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before THORNBERRY, GOLDBERG and GEE, Circuit Judges.

GOLDBERG, Circuit Judge:

In this appeal we are asked to review a determination of an administrative law judge in a proceeding under the Occupational Safety and Health Act (the Act), 29 U.S.C.A. §§ 651-678 (West 1975 & Supp. 1979), despite the fact that the appellant presented no petition for review to the Occupational Safety and Health Review Commission (the Commission). We decline to accept this invitation.

The appellant, John W. McGowan, is...

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