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CLEVELAND CONSOLIDATED, INC. v. O. S. H. R. C.

No. 79-3389.

649 F.2d 1160 (1981)

CLEVELAND CONSOLIDATED, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit. Unit B

July 9, 1981.

Attorney(s) appearing for the Case

Elarbee, Clark & Paul, Robert H. Buckler, Elizabeth F. Reveley, Atlanta, Ga., for petitioner.

Marleigh Dover Lang, Appellate Staff, Civ. Div., Dept. of Justice, for respondent Occupational Safety and Health Review Commission.

Benjamin W. Mintz, Sol., Allen H. Feldman, Dennis K. Kade, Thomas Holzman (argued) Attys., U.S. Dept. of Labor, Washington, D.C., for respondent Secretary of Labor.

Before GODBOLD, MORGAN and HENDERSON, Circuit Judges.

ON PETITION FOR REHEARING

LEWIS R. MORGAN, Circuit Judge.

Petition for rehearing was duly filed by petitioner, Cleveland Consolidated, Inc., supported by its brief. The respondents, Occupational Safety and Health Review Commission and the Secretary of Labor, filed a motion to correct the decision previously issued.

The petition for rehearing is granted, and the original panel opinion dated April 17, 1981, is withdrawn. The following opinion is substituted...

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