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FUSIBLES WESTINGHOUSE, ETC. v. OCCUPATIONAL, ETC.

No. 80-1724.

658 F.2d 21 (1981)

FUSIBLES WESTINGHOUSE DE PUERTO RICO, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor, Respondents.

United States Court of Appeals, First Circuit.

Decided September 9, 1981.

Attorney(s) appearing for the Case

Pedro Pumarada, San Juan, P.R., with whom Jay A. Garcia-Gregory and Fiddler, Gonzalez & Rodriguez, San Juan, P.R., were on brief for petitioner.

James E. Culp, Atty., U. S. Dept. of Labor, Washington, D. C., with whom T. Timothy Ryan, Jr., Sol. of Labor, Washington, D. C., Mary Z. Asseo, Associate Regional Sol., Hato Rey, P.R., Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Counsel for Appellate Litigation, and John A. Bryson, Asst. Counsel for Appellate Litigation, Washington, D. C., were on brief, for The Secretary of Labor.

Before GIBSON, Senior Circuit Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

Appellant Fusibles Westinghouse De Puerto Rico, Inc. (Fusibles) seeks review of the decision of the Occupational Safety and Health Review Commission that it violated the Secretary of Labor's regulation for spray finishing processes using flammable and combustible materials. We affirm the Commission's determination.

The facts of this case are for the most part undisputed. Two of the electrical fuses manufactured by Fusibles in its plant...

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