BUTLER LIME, ETC. v. OCC. SAF. & HEALTH REV. COM'N

No. 80-1121.

658 F.2d 544 (1981)

BUTLER LIME AND CEMENT CO., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 1981.


Attorney(s) appearing for the Case

Clifford C. Kasdorf, Kasdorf, Dall, Lewis & Swietlik, S.C., Milwaukee, Wis., for petitioner.

Allen H. Feldman, U.S. Dept. of Labor, Office of Sol., Washington, D.C., for respondent.

Before CUMMINGS, Chief Judge, and PELL and WOOD, Circuit Judges.


PELL, Circuit Judge.

In a recent case denying enforcement of an administrative tribunal order, on the second visitation of a case to this court, we wrote:

We are asked to enforce an order which purports to apply the new standard to the old record but actually reapplies the old standard incorporating [a standard previously rejected by this court].

Hendricks County Rural Electric Membership Corporation v. National Labor Relations Board,

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