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MARSHALL v. NORTHERN CONCRETE BLOCK, INC.

No. 198, Docket 80-4098.

636 F.2d 26 (1980)

Ray MARSHALL, Secretary of Labor, Petitioner, v. NORTHERN CONCRETE BLOCK, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided December 5, 1980.

Attorney(s) appearing for the Case

Ann D. Nachbar, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety & Health, Allen H. Feldman, Counsel for Appellate Litigation, Charles I. Hadden, Asst. Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., Francis V. LaRuffa, Regional Sol., New York City, of counsel), for petitioner.

Paul A. Germain, Germain & Germain, Syracuse, N. Y. (Al J. Daniel, Appellate Section, Civil Division, U. S. Dept. of Justice, Washington, D. C., of counsel), for respondents.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND, Circuit Judge, and HOLDEN, District Judge.

PER CURIAM:

Secretary of Labor Ray Marshall (the Secretary) petitions for review of an order of the Occupational Safety and Health Review Commission (the Commission), which dismissed the Secretary's complaint against Northern Concrete Block, Inc. For reasons set forth below, we deny the petition for review.

Northern manufactures concrete blocks in its factory in Fulton, New York. In March, 1979, a compliance officer of the Occupational Safety and Health Administration...

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