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COLUMBIA GAS OF PENNSYLVANIA, INC. v. MARSHALL

No. 80-1459.

636 F.2d 913 (1980)

COLUMBIA GAS OF PENNSYLVANIA, INC., Petitioner, v. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided December 23, 1980.

Rehearing Denied February 20, 1981.

Attorney(s) appearing for the Case

Jane A. Lewis (argued), Carl H. Hellerstedt, Jr., Thorp, Reed & Armstrong, Pittsburgh, Pa., Thomas J. Brown, Jr., Thomas E. Morgan, Columbus, Ohio, for petitioner.

Thomas L. Holzman (argued), Allen H. Feldman, Jeffrey M. Strashun, Anthony J. Steinmeyer, Marleigh Dover Lang, Carin A. Clauss, John Hynan, Marshall Harris, Washington, D. C., for respondent.

Before HUNTER and WEIS, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

Petitioner, Columbia Gas of Pennsylvania, Inc., seeks dismissal of a citation issued by the Occupational Health and Safety Administration (hereinafter "OSHA"). The citation resulted from the July 27, 1978 inspection of a trench in which petitioner's employees were working on a natural gas pipeline. Columbia contends, inter alia, that OSHA was without authority to act because safety regulations...

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