TEXAS INDEPENDENT GINNERS ASS'N v. MARSHALL

Nos. 78-2663, 78-2760, 78-2763, 78-2928, 78-3042 and 78-3044.

630 F.2d 398 (1980)

TEXAS INDEPENDENT GINNERS ASSOCIATION, Petitioner, v. F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Administration, United States Department of Labor, Respondents. TEXAS COTTON GINNERS ASSOCIATION, Petitioner, v. F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Administration, United States Department of Labor, Respondents. CHICANOS UNIDOS-CAMPESINOS, INC., Defensa, Inc., Motivation, Education and Training, Inc., and Public Citizen Health Research Group, Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, United States Department of Labor, F. Ray Marshall, Secretary of Labor, and Eula Bingham, Assistant Secretary of Labor, Respondents. ARIZONA COTTON GINNERS ASSOCIATION, Petitioner, v. F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor, Respondents. CALIFORNIA COTTON GINNERS ASSOCIATION, Petitioner, v. F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor, Respondents. CALIFORNIA ASSOCIATION OF GROWER GINS, INCORPORATED, Petitioner, v. F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

November 14, 1980.


Attorney(s) appearing for the Case

McCleskey, Harriger, Brazill & Graf, Don Graf, Lubbock, Tex., for petitioner.

Carl W. Vogt, Fulbright & Jaworski, Washington, D.C., for California Cotton Ginners Ass'n., Oklahoma Cotton Ginner's Ass'n., New Mexico Cotton Ginner's Ass'n. and Southeastern Cotton Ginners Ass'n. and Southern Cotton Ginners Ass'n., intervenor and petitioners.

Allen H. Feldman, Acting Counsel for Appellate Litigation, John A. Bryson, Atty., U.S. Dept. of Labor, Washington, D.C., for respondents in all cases.

John Cary Sims, Diane B. Cohn, Washington, D.C., Robert B. Stulberg, Attys., New York City, for petitioner.

Griswold, Bissig, LaSalle & Cobb, Lyman D. Griswold, Hanford, Cal., Carl W. Vogt, Washington, D.C., for petitioners.

Before WISDOM, HILL and VANCE, Circuit Judges.


VANCE, Circuit Judge:

The Occupational Safety and Health Administration (OSHA) promulgated regulatory standards for the cotton gin industry under the Occupational Safety and Health Act (the Act). 29 U.S.C. § 651 et seq. Five industry associations petitioned for pre-enforcement review in this court,1 with four other industry organizations intervening,2 on the basis that the regulations are too stringent...

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