ILLINOIS POWER CO. v. OCCUPATIONAL SAFETY, ETC.

No. 79-1721.

632 F.2d 25 (1980)

ILLINOIS POWER COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Sec'y of Labor, Etc., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 1980.

Opinion June 13, 1980.


Attorney(s) appearing for the Case

Harley Hutchins, Mayer, Brown & Platt, Chicago, Ill., for petitioner.

Domenique Kirchner, Dept. of Justice, Washington, D. C., for respondents.

Before CUMMINGS, SPRECHER and TONE, Circuit Judges.


CUMMINGS, Circuit Judge.

On September 8, 1978, pursuant to Section 9(a) of the Occupational Safety and Health Act (29 U.S.C. § 658(a)), the Secretary of Labor issued a citation and notification of penalty to Illinois Power Company charging that the Company had violated Section 5(a)(1) of the Act.1 The citation stated that on or about August 8, 1978:

"[a]n employee was allowed to begin work on upgrading of an existing electrical...

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