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MARSHALL v. UNION OIL CO. OF CALIFORNIA

No. 78-2002.

616 F.2d 1113 (1980)

Ray MARSHALL, Secretary of Labor, Petitioner, v. UNION OIL COMPANY OF CALIFORNIA, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Ninth Circuit.

April 7, 1980.

Attorney(s) appearing for the Case

Charles I. Hadden, U. S. Dept. of Labor, Washington, D. C., for petitioner; Eric W. Cloud, Washington, D. C., on brief.

W. Carl Jordan, Vinson & Elkins, Houston, Tex., for respondents; William A. Jones, Jr., Houston, Tex., on brief.

Before KENNEDY and TANG, Circuit Judges, and SCHWARTZ, District Judge.

SCHWARTZ, District Judge.

The Secretary of Labor petitions for review of a final order of the Occupational Safety and Health Review Commission (OSHRC) vacating a citation against UNION OIL COMPANY for violation of regulations promulgated under the Occupational Safety and Health Act (OSHA), Pub.L. 91-596, 29 U.S.C. §§ 651, et seq.

Specifically, the citation at issue here alleged a serious violation of § 5(a)(2) of the Act and of 29 C.F.R. §...

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