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EVERGLADES SUGAR REFINERY, INC. v. DONOVAN

No. 79-2441.

658 F.2d 1076 (1981)

EVERGLADES SUGAR REFINERY, INC., Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, and Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit. Unit B

October 15, 1981.

Attorney(s) appearing for the Case

Constangy, Brooks & Smith, Charles A. Edwards, Atlanta, Ga., for petitioner.

Marleigh Dover Lang, Ronald R. Glancz, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., Laura V. Fargas, Allen H. Feldman, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before MORGAN, ANDERSON and THOMAS A. CLARK, Circuit Judges.

THOMAS A. CLARK, Circuit Judge:

Petitioner Everglades Sugar Refinery, Inc. (the "company"), seeks review of an order of the Occupational Safety and Health Review Commission (the "Commission") that the company committed a serious violation1 of Section 5(a)(2) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(2), and a regulation promulgated thereunder, 29 C.F.R. 1910.178(q)(1),2 by permitting...

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