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MADISON FOODS, INC. v. MARSHALL

No. 79-2062.

630 F.2d 628 (1980)

MADISON FOODS, INC., Petitioner, v. Ray MARSHALL, Secretary of Labor; and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided September 18, 1980.

Attorney(s) appearing for the Case

James E. Culp, for respondents.

Smith, Smith & Boyd by Wayne E. Boyd, South Sioux City, Neb., for petitioner.

Before ROSS and STEPHENSON, Circuit Judges, and MURPHY, District Judge.

PER CURIAM.

Madison Foods, Inc., petitions this court for review of a final order of the Occupational Safety and Health Review Commission (Commission) pursuant to 29 U.S.C. § 660(a) (1970). The Administrative Law Judge (ALJ) held that Madison Foods (Madison) had violated sections 5(a)(1) and (2) of the Occupational Safety and Health Act of 1970 (OSHA) and various regulations promulgated thereunder. The decision of the ALJ was not reviewed by the Commission within...

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