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STRIPE-A-ZONE v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSIONERS

No. 80-2391.

643 F.2d 230 (1981)

STRIPE-A-ZONE, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSIONERS and the Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied June 4, 1981.

Attorney(s) appearing for the Case

Gardere, Wynne & Jaffe, Ronald M. Gaswirth, Dallas, Tex., for petitioner.

Marleigh Dover Lang, Anthony J. Steinmeyer, Dept. of Justice, Thomas L. Holzman, Allen H. Feldman, Dept. of Labor, Washington, D. C., for respondents.

Before GEE, RUBIN and RANDALL, Circuit Judges.

PER CURIAM:

The Secretary of Labor has moved this court to dismiss Petitioner Stripe-A-Zone's petition for review of an order of the Occupational Safety and Health Review Commission (OSHRC or "the Commission"). The OSHRC's order vacated the decision of an administrative law judge (ALJ) to dismiss the Secretary's complaint that Stripe-A-Zone had violated the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (1976), and remanded the case to...

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