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DONOVAN v. CASTLE & COOKE FOODS, ETC.

No. 77-2565.

692 F.2d 641 (1982)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. CASTLE & COOKE FOODS, A DIVISION OF CASTLE & COOKE, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1982.

Attorney(s) appearing for the Case

Dennis Kade, Dept. of Justice, Washington, D.C., for petitioner.

Hugh Shearer, Goodswill, Angerson & Quinn, Honolulu, Hawaii, for respondents.

Before BROWNING, Chief Judge, and CHAMBERS and HUG, Circuit Judges.

HUG, Circuit Judge:

Regulations promulgated pursuant to the Occupational Safety and Health Act (the "Act"), 29 U.S.C. §§ 651-678, require employers to install feasible engineering or administrative controls to protect employees from exposure to harmful noise levels. The Secretary of Labor cited Castle & Cooke Foods, Inc. for violation of this regulatory standard. The Occupational Safety and Health Review Commission vacated the citation, concluding that...

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