CARNATION CO. v. SECRETARY OF LABOR

No. 78-2894.

641 F.2d 801 (1981)

CARNATION COMPANY, Petitioner, v. SECRETARY OF LABOR, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Ninth Circuit.

Submitted September 19, 1980.

Decided April 9, 1981.


Attorney(s) appearing for the Case

Merele Wood, II, Los Angeles, Cal., for petitioner.

Lorelei J. Borland, Washington, D.C., for respondents.

Before GOODWIN and TANG, Circuit Judges, and LYDICK, District Judge.


PER CURIAM.

In this enforcement proceeding, Carnation petitions to review the validity of an agency finding that Carnation committed a nonserious violation of 29 U.S.C. § 654(a)(2), by failing to comply with the Secretary's occupational noise standard, 29 C.F.R. 1910.95.1

Carnation manufactures metal cans in its Waupun, Wisconsin facility. An industrial hygienist with the Occupational Safety and Health Administration (OSHA...

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