Ray MARSHALL, Secretary of Labor, Petitioner,
v.
WEST POINT PEPPERELL, INC. and Occupational Safety and Health Review Commission, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 1, 1979.
February 1, 1979.
Attorney(s) appearing for the Case
Carin A. Clauss, Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., Michael H. Levin, Counsel, for Appellate Litigation, Arthur J. Amchan, Atty., for petitioner.
Lovic A. Brooks, Jr., J. Richard Walton, Chris Mitchell, Fred M. Richardson, Atlanta, Ga., Allen H. Sachsel, Appellate Section, Civil Division, Dept. of Justice, Washington, D. C., Ray H. Darling, Jr., Executive Secretary, OSHRC, Benjamin W. Mintz, Assoc. Sol. for OSH, Washington, D. C., for respondents.
Before BROWN, Chief Judge, TUTTLE and THORNBERRY, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
JOHN R. BROWN, Chief Judge:
Pursuant to the Occupational Safety and Health Act,1 the Secretary of Labor has promulgated a regulation, 29 C.F.R. § 1910.95(b)(1), requiring employers to implement "feasible administrative or engineering controls" in order to protect their employees from exposure to harmful levels of occupational noise. In 1974, the Secretary cited West Point Pepperell, Inc., a textile manufacturer, for violations...
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