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MIDWAY IND. CONTRACTORS v. OCCUPATIONAL SAFETY & HEALTH REVIEW

No. 79-2550.

616 F.2d 346 (1980)

MIDWAY INDUSTRIAL CONTRACTORS, INC., Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 29, 1980.

Attorney(s) appearing for the Case

Donald V. O'Brien and John C. O'Rourke, Jr., Chicago, Ill., for petitioner.

Anthony J. Steinmeyer, App. Staff, Civ. Div., Dept. of Justice, John A. Bryson, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before PELL, SPRECHER and TONE, Circuit Judges.

PER CURIAM.

This case is before the Court upon a petition for review of an order of the Occupational Safety and Health Review Commission finding the Midway Industrial Contractors, Inc., in violation of the Occupational Safety and Health Act of 1970. Respondent Secretary of Labor has moved to dismiss as untimely the petition for review. We grant the motion and thus dismiss the review proceedings.

On August 31, 1979, the Administrative Law Judge formally notified...

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