MARSHALL, Ray, Secretary of Labor, U. S. Department of Labor
In the Matter of Establishment Inspection of Whittaker Corp., Berwick Forge & Fabricating Co., a division,
v.
WHITTAKER CORP., BERWICK FORGE & FABRICATING CO., a division,
Berwick Forge & Fabricating Company, a division of Whittaker Corporation, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued October 12, 1979.
Decided November 16, 1979.
Attorney(s) appearing for the Case
Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for Appellate Litigation, Charles I. Hadden (argued), Thomas L. Holzman, Attys., U. S. Department of Labor, Washington, D.C., Marshall Harris, Regional Sol., Philadelphia, Pa., for appellee.
Ronald M. Gaswirth (argued), Jane A. Matheson, James L. Morris, Gardere, Wynne, Jaffee & DeHay, Dallas, Tex., Lewis H. Markowitz, Markowitz, Kagen & Griffith, York, Pa., for appellant.
Before ADAMS, ROSENN and WEIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ADAMS, Circuit Judge.
This appeal, similar to but considered separately from Babcock & Wilcox Co. v. Marshall, decided today,1 presents thorny issues regarding mootness and exhaustion of administrative remedies in the context of the latest skirmish between the Occupational Safety and Health Administration (OSHA) and Berwick Forge and Fabricating Company (Berwick), a division of the Whittaker Corporation...
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