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HEATH & STICH, INC. v. DONOVAN

No. 80-1927.

641 F.2d 338 (1981)

HEATH & STICH, INC., Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor and the United States of America, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A

April 2, 1981.

Attorney(s) appearing for the Case

Law Offices of Allen & White, Frederick A. Douglas, Jr., San Antonio, Tex., for petitioner.

Baruch A. Fellner, U. S. Dept. of Labor, Allen H. Feldman, Washington, D. C., Benjamin R. Civiletti, Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Anthony J. Steinmeyer, Al J. Daniel, Jr., Civ. Div., Dept. of Justice, Washington, D. C., for respondents.

Before GEE, RUBIN and RANDALL, Circuit Judges.

BY THE COURT:

The Court's opinion dated April 2, 1981 is withdrawn and the following is substituted:

The Secretary of Labor filed a complaint against Heath & Stich, Inc. on August 6, 1975, charging that firm with violating the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., on June 25, 1975. After an adverse determination by an Administrative Law Judge on August 27, 1976, Robert D. Moran, a commissioner on the Occupational Safety...

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