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LOUISIANA CHEMICAL ASS'N v. BINGHAM

No. 80-3724.

657 F.2d 777 (1981)

LOUISIANA CHEMICAL ASSOCIATION, et al., Plaintiffs-Appellants, v. Eula BINGHAM, Occupational Safety and Health Administration, and Raymond J. Donovan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

September 30, 1981.

Attorney(s) appearing for the Case

Horace A. Thompson, III, Susan Brooks, New Orleans, La., Richard B. Herzog, Stephen A. Bokat, National Chamber Litigation Center, Inc., Washington, D. C., for plaintiffs-appellants.

Nathaniel I. Spiller, Dennis Kade, U. S. Dept. of Labor, Washington, D. C., for defendants-appellees.

Before CHARLES CLARK, TATE and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

This case raises the issue of whether a records access requirement promulgated by the Secretary of Labor pursuant to Section 6(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 655(b) (1976), is in fact a "standard," authorized by Section 6 or is instead a "regulation," authorized under the inspection and record-keeping provisions of Section 8, 29 U.S.C. § 657. The distinction is decisive in locating jurisdiction...

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