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CHAMBER OF COMMERCE OF UNITED STATES v. O. S. H. A.

No. 78-2221.

636 F.2d 464 (1980)

CHAMBER OF COMMERCE OF the UNITED STATES of America, Appellant, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1980.

Attorney(s) appearing for the Case

Stephen A. Bokat, Washington, D. C., with whom Stanley T. Kaleczyc, Washington, D. C., was on the brief, for appellant.

Allen H. Feldman, Counsel, U. S. Dept. of Labor, Washington, D. C., with whom Nancy L. Southard, Asst. Counsel, Washington, D. C., was on the brief, for appellees.

Donald R. Crowell, II, Washington, D. C., was on the brief for amicus curiae, Hobart Corp. et al., urging reversal.

John A. Terry, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellees.

Before BAZELON, Senior Circuit Judge, TAMM, Circuit Judge, and HAROLD H. GREENE, U. S. District Judge for the District of Columbia.

Opinion for the court filed by Circuit Judge TAMM.

Opinion filed by Senior Circuit Judge BAZELON, concurring in the result only.

TAMM, Circuit Judge:

The Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (1976), allows a representative authorized by employees to accompany an inspector during a walkaround inspection of the employee's workplace. This case presents the issue of whether the Occupational Safety and Health Administration...

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