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CARLYLE COMPRESSOR v. OCCUPATIONAL SAFETY, ETC.

No. 793, Docket 81-4129.

683 F.2d 673 (1982)

CARLYLE COMPRESSOR COMPANY, DIVISION OF CARRIER CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Raymond J. Donovan, Secretary of Labor, Respondents.

United States Court of Appeals, Second Circuit.

Decided June 21, 1982.

Attorney(s) appearing for the Case

W. Scott Railton, Washington, D. C. (Paul L. Landry, Daniel A. Masur, and Reed Smith Shaw & McClay, Washington, D. C., on the brief), for petitioner.

Judith N. Macaluso, Atty., U. S. Dept. of Labor, Washington, D. C. (T. Timothy Ryan, Jr., Sol. of Labor, Frank A. White, Assoc. Sol. for Occupational Safety and Health, Allen H. Feldman, Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., on the brief), for respondents.

Before TIMBERS, KEARSE and PIERCE, Circuit Judges.

TIMBERS, Circuit Judge:

Petitioner Carlyle Compressor Company (Carlyle) seeks review of an order of the Occupational Health and Safety Review Commission (the Commission) which upheld a citation by the Secretary of Labor (the Secretary) for a serious violation1 of §§ 5(a)(1) and (2) of the Occupational Safety and Health Act (the Act), 29 U.S.C. §§ 654(a)(1) and (2) (1976).2 We deny the petition...

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