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HOERNER WALDORF, ETC. v. OCCUPAT. SAFETY, ETC.

No. 79-1527.

614 F.2d 795 (1980)

HOERNER WALDORF PAN AMERICAN BAG CO., INC., Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION, Respondent, Ray Marshall, Secretary of Labor, Co-Respondent.

United States Court of Appeals, First Circuit.

Decided January 15, 1980.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Washington, D.C., for Occupational Safety and Health.

Allen H. Feldman, Washington, D.C., for Appellate Litigation, and John Bradley, Atty., U. S. Dept. of Labor, Washington, D.C., on motion to dismiss, for respondent, Secretary of Labor, Ray Marshall.

Kenneth L. Sovereign, on memorandum in opposition thereto for petitioner.

Before COFFIN, Chief Judge, and CAMPBELL, Circuit Judge.

PER CURIAM.

Respondent Secretary of Labor has moved to dismiss as untimely Hoerner Waldorf's petition for review of an order of the Occupational Safety & Health Review Commission (OSHRC).

Hoerner Waldorf was cited in 1978 for a safety violation and had a hearing before an administrative law judge (ALJ). On June 26, 1979, the ALJ formally notified the company of his decision upholding the citation. His notice recited that it "will become the final order...

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