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MATTER OF C F & I STEEL CORP.

Civ. A. No. 79-W-1581.

489 F.Supp. 1302 (1980)

In the Matter of Establishment Inspection of C F & I STEEL CORPORATION.

United States District Court, D. Colorado.

May 5, 1980.

Attorney(s) appearing for the Case

Tedrick Housh, Regional Sol., Kansas City, Mo., Henry Mahlman, Associate Regional Sol., Dept. of Labor, Denver, Colo., Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., for Occupational Safety and Health.

Allen H. Feldman, Counsel for App. Litigation, Charles I. Hadden, Asst. Counsel for App. Litigation, Daniel J. Mick, Asst. for Regional Litigation, Thomas L. Holzman, Atty., Dept. of Labor, Washington, D. C., Ann M. Noble, Atty., Dept. of Labor, Denver, Colo., for the U. S. Dept. of Labor.

Welborn, Dufford, Cook & Brown by John D. Faught and Miles C. Cortez, Jr., Denver, Colo., for C F & I Steel Corp.

Gorsuch, Kirgis, Campbell, Walker & Grover by John S. Pfeiffer and John Mullins, Denver, Colo., for Wheeling Pittsburg Steel Corp., amicus curiae.

Reed, Smith, Shaw & McClay by W. Scott Railton and Edith E. Holiday, Washington, D. C., for American Iron & Steel Institute, amicus curiae.

Edward J. Scheunemann, Denver, Colo. and Mary-Win O'Brien, Pittsburgh, Pa., for United Steel Workers of America, amicus curiae.

MEMORANDUM OPINION

WINNER, Chief Judge.

The books are full of cases discussing what is and what is not a "final decision of a district court" which will permit an appeal under 28 U.S.C. § 1291, but this is the first case I have seen in which a direct appeal is attempted from a non-order,1 and I think that this singular maneuver is deserving of a short opinion, because if a notice of setting can be directly appealed, countless...

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