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DONOVAN v. ANHEUSER-BUSCH, INC.

No. 80-1743.

666 F.2d 315 (1981)

Raymond J. DONOVAN (Successor to Ray Marshall) Secretary of Labor, Petitioner, v. ANHEUSER-BUSCH, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided December 3, 1981.

Rehearing Denied January 20, 1982.

Attorney(s) appearing for the Case

A. Graham Allen, argued, Freeman, Richardson, Watson, Kelly & Livermore, P. A., Jacksonville, Fla., for respondent Anheuser-Busch, Inc.

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., for Occupational Safety and Health, Allen H. Feldman, Counsel for Appellate Litigation, Charles I. Hadden, Asst. Counsel for Appellate Litigation, Emilie N. Junge, Atty., argued, U. S. Dept. of Labor, Washington, D. C., Bobbye D. Spears, Regional Sol., Atlanta, Ga., Tedrick A. Housh, Jr., Regional Sol., Kansas City, Mo., for Occupational Safety and Health Review Commission.

Before LAY, Chief Circuit Judge, ARNOLD, Circuit Judge, and BECKER, Senior District Judge.

WILLIAM H. BECKER, Senior District Judge.

This is a petition by the Secretary of Labor (Secretary) for review of an order of an Administrative Law Judge (ALJ), which became a final order of the Occupational Safety and Health Review Commission (Commission) when the Commission denied discretionary review thereof. (Notice of Final Order dated June 24, 1980). The final order vacated a citation by the Secretary which charged Anheuser-Busch, Inc. (Busch) with a violation...

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