Nos. 78-2986, 81-4050.

683 F.2d 905 (1982)

AUSTIN ROAD COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Raymond J. Donovan, Secretary of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

August 25, 1982.

Attorney(s) appearing for the Case

Jenkens & Gilchrist, Steven R. McCown, Dallas, Tex., for petitioner.

Ann D. Nachbar, Dennis K. Kade, U. S. Dept. of Labor, Washington, D. C., Allen H. Sachsel, Atty., Dept. of Justice, Washington, D. C., for respondents.

Before BROWN, GOLDBERG and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

These petitions for review of an order of the Occupational Safety and Health Review Commission (commission) pose the threshold issue whether the record establishes that Austin Road Company is an employer within the meaning of 29 U.S.C. § 652(5),1 a requisite for the commission's exercise of jurisdiction. Concluding that the Secretary of Labor failed to demonstrate the applicability of the Occupational Safety...

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