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SOUTHERN OHIO, ETC. v. OCCUPATIONAL SAF., ETC.

No. 79-3352.

649 F.2d 456 (1981)

SOUTHERN OHIO BUILDING SYSTEMS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Ray Marshall, Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 28, 1981.

Attorney(s) appearing for the Case

Gary W. Auman, Smith & Schnacke, Dayton, Ohio, for petitioner.

Ray H. Darling, Exec. Secretary, Occupational Safety and Health Review Com'n, Michael H. Levin, Allen H. Feldman, Appellate Litigation, John R. Bradley, U. S. Dept. of Labor, Robert E. Kopp and Ronald Glancz, U. S. Dept. of Justice, Appellate Sec., Civil Division, Marleigh Dover Lang, Washington, D. C., for respondents.

Before LIVELY and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

LIVELY, Circuit Judge.

This is a petition to review a final order of the Occupational Safety and Health Review Commission (OSHRC or the Commission) holding that the petitioner Southern Ohio Building Systems, Inc. (Southern Ohio) violated the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (1976) (the Act). The specific finding was that the general duty clause, section 5(a)(1) of the Act, 29 U.S.C. § 654(a)(1), was violated when...

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