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JONES & LAUGHLIN STEEL CORP. v. MARSHALL

Nos. 80-1106, 80-1330.

636 F.2d 32 (1980)

JONES & LAUGHLIN STEEL CORPORATION, Petitioner, v. Ray MARSHALL, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided November 13, 1980.

Attorney(s) appearing for the Case

Anthony J. Steinmeyer, Marleigh Dover Lang, Appellate Staff, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for OSHRC.

John C. Unkovic, Richard R. Nelson, II, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for petitioner; James R. Haggerty, Pittsburgh, Pa., of counsel.

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Assoc. Solicitor for OSHRC, Allen H. Feldman, Counsel for Appellate Litigation, John A. Bryson, Asst. Counsel for Appellate Litigation, Washington, D. C., Marshall Harris, Regional Sol., Philadelphia, Pa., Ann D. Nachbar, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before ADAMS and SLOVITER, Circuit Judges, and KNOX, District Judge.

Submitted Under Third Circuit Rule 12(6) November 4, 1980.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The question in these petitions for review of citations issued by the Occupational Safety and Health Review Commission is whether petitioner Jones & Laughlin Steel Corporation committed a "repeated" violation of a safety standard, within the meaning of § 666(a) of the Occupational Safety and Health Act, 29 U.S.C. § 666(a) (1976).

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