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CONSOLIDATED-ANDY, INC. v. DONOVAN

No. 79-2828.

642 F.2d 778 (1981)

CONSOLIDATED-ANDY, INC., Petitioner, v. Raymond J. DONOVAN, Secretary Of Labor, and The Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A

April 13, 1981.

Attorney(s) appearing for the Case

Gittinger & Gittinger, Williams H. Lemons, III, Cox & Smith Inc., San Antonio, Tex., for petitioner.

Domenique Kirchner, Allen H. Feldman, U.S. Dept. of Labor, Washington, D. C., James E. White, Regional Sol., Dallas, Tex., for respondents.

Before GOLDBERG, AINSWORTH and RUBIN, Circuit Judges.

GOLDBERG, Circuit Judge:

Petitioner Consolidated-Andy, Inc. ("Con-Andy") seeks review of an Occupational Safety and Health Review Commission ("OSHRC") order finding the company in violation of the Occupational Safety and Health Act of 1970 ("OSHA"). Respondent Secretary of Labor ("Secretary") has moved to dismiss Con-Andy's petition for review, arguing that the company's failure to file the petition timely denies this Court subject matter jurisdiction over the case...

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