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SAVINA HOME INDUSTRIES v. SECRETARY OF LABOR

No. 77-1139.

594 F.2d 1358 (1979)

SAVINA HOME INDUSTRIES, INC., Petitioner, v. SECRETARY OF LABOR and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided March 23, 1979.

Attorney(s) appearing for the Case

Edgar William Dwire, Wichita, Kan., for petitioner Savina Home Industries, Inc.

William G. Staton, Dept. of Labor, Washington, D. C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Michael H. Levin, Counsel for Appellate Litigation, and Allen H. Feldman, Asst. Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., with him on the brief), for respondent Secretary of Labor.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

McKAY, Circuit Judge.

This appeal involves multiple issues of constitutional law. Savina Home Industries, Inc. contends that various aspects of the Occupational Safety and Health Act of 1970,1 are violative of the Constitution. Savina also challenges the constitutionality of a particular inspection by the Occupational Safety and Health Administration (OSHA). In addition, Savina asserts that a technical error in the Secretary's complaint...

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