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INTERNATIONAL HARVESTER CO. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

No. 79-2035.

628 F.2d 982 (1980)

INTERNATIONAL HARVESTER COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and The Secretary of Labor, Respondents. Local 6, United Automobile, Aerospace and Agricultural Implement Workers of America, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided June 16, 1980.

Attorney(s) appearing for the Case

Ronald J. Hein, Jr., Chicago, Ill., for petitioner.

John A. Amodeo, U. S. Dept. of Labor, Washington, D. C., for respondents.

Jerome Schur, Chicago, Ill., for intervening respondent.

Before SPRECHER and BAUER, Circuit Judges, and EAST, Senior District Judge.

SPRECHER, Circuit Judge.

Petitioner International Harvester Company (Harvester) seeks review of an order of the Occupational Safety and Health Review Commission (OSHRC) finding it in violation of 29 C.F.R. § 1910.95(b)(1).1 Harvester urges reversal of the order on three alternate bases. First, it asserts that this action is barred by res judicata. Second, Harvester contends that the...

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