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NORANDA ALUMINUM, INC. v. O. S. H. R. C.

No. 81-1174.

650 F.2d 934 (1981)

NORANDA ALUMINUM, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor (effective 2/3/81), United States Department of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided June 12, 1981.

Attorney(s) appearing for the Case

Gerald Tockman, Valerie Held Rapp, St. Louis, Mo., for petitioner.

T. Timothy Ryan, Jr., Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Counsel for Appellate Litigation, Thomas L. Holzman, Atty., U. S. Dept. of Labor, Washington, D. C., for respondents.

Before HEANEY, HENLEY and McMILLIAN, Circuit Judges.

PER CURIAM.

Noranda Aluminum, Inc. petitions for review of an order of the Occupational Safety and Health Review Commission (the Commission) reversing the decision of an administrative law judge (ALJ) to vacate1 the Secretary of Labor's citation of Noranda for violation of section 5(a)(1) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(1),2 and remanding the case to the ALJ for further...

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