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MARSHALL v. MONROE & SONS, INC.

No. 77-3157.

615 F.2d 1156 (1980)

Ray MARSHALL, Secretary of Labor, Petitioner-Appellee, v. MONROE & SONS, INC. and Occupational Safety and Health Review Commission, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 26, 1980.

Attorney(s) appearing for the Case

Alfred G. Albert, Benjamin W. Mintz, Michael H. Levin, Nancy L. Southard, Carin A. Clauss, John A. Bryson, U. S. Dept. of Labor, Washington, D. C., for respondents-appellants.

Joseph Saslaw, Cleveland, Ohio, William S. McLaughlin, Executive Secretary, OSHRC, Washington, D. C., Allen Sachsel, Dept. of Justice, Washington, D. C., for petitioner-appellee.

Before WEICK, CELEBREZZE and KENNEDY, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

The Secretary of Labor (Secretary) appeals from a decision of the Occupational Safety and Health Review Commission (OSHRC) which held that it has jurisdiction pursuant to 29 U.S.C. § 661(f) and Rule 60(b), Fed.R.Civ.Pro., to reinstate a Notice of Contest of a citation under the Occupational Safety and Health Act 29 U.S.C. § 651 et seq. The decision also upheld the vacation of the contested citation when the Secretary...

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