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MAGMA COPPER CO. v. MARSHALL

No. 78-2112.

608 F.2d 373 (1979)

MAGMA COPPER COMPANY, Petitioner, v. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 28, 1980.

Attorney(s) appearing for the Case

N. Douglas Grimwood, Twitty, Sievwright & Mills, Phoenix, Ariz., for petitioner.

Allen H. Feldman, Laura V. Fargas, Washington, D. C., for respondents.

Before CHAMBERS, WALLACE and TANG, Circuit Judges.

CHAMBERS, Circuit Judge:

Magma Copper Company petitions this Court to review the decision of the Occupational Safety and Health Review Commission (OSHRC), finding Magma guilty of a serious violation of Section 5(a)(1) of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1). This general duty provision of the Act provides that each employer subject to the Act, "shall furnish to each of his employees employment...

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