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WEST VIRGINIA MFRS. ASS'N v. STATE OF W. VA.

Nos. 81-2231(L), 82-1701 and 82-1729.

714 F.2d 308 (1983)

WEST VIRGINIA MANUFACTURERS ASSOCIATION, a nonprofit West Virginia Corporation, Appellant, v. STATE OF WEST VIRGINIA and Lawrence Barker, Commissioner of Labor of the State of West Virginia, and United Steelworkers of America, AFL-CIO-CLC and Paul Rusen, Director District 23, United Steelworkers of America, AFL-CIO-CLC, Appellees. WEST VIRGINIA MANUFACTURERS ASSOC., a nonprofit West Virginia corporation, Appellant, v. STATE OF WEST VIRGINIA and Lawrence Barker, Commissioner of Labor of the State of WV, Appellees, and United Steelworkers of America, AFL-CIO-CLC and Paul Rusen, Director District 23, United Steelworkers of America, AFL-CIO-CLC, Appellees. WEST VIRGINIA MANUFACTURERS ASSOC., a nonprofit West Virginia corporation, Appellee, v. STATE OF WEST VIRGINIA and Lawrence Barker, Commissioner of Labor of the State of WV, Appellants, and United Steelworkers of America, AFL-CIO-CLC and Paul Rusen, Director District 23, United Steelworkers of America, AFL-CIO-CLC, Third-Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 3, 1983.

Attorney(s) appearing for the Case

Robert B. King, Charleston, W.Va. (King, Betts & Allen; George G. Guthrie, Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., on brief), for appellant.

Leonard B. Knee, Asst. Atty. Gen., Charleston, W.Va. (Dennis M. Abrams, Deputy Atty. Gen., Charleston, W.Va., on brief) and Mary-Win O'Brien, Pittsburgh, Pa., for appellee.

Before ERVIN and CHAPMAN, Circuit Judges and BRYAN, Senior Circuit Judge.

ALBERT V. BRYAN, Senior Circuit Judge:

The West Virginia Manufacturers Association (the Association) urges us to disapprove, on State and Federal grounds, a statute duly enacted by the legislature of the State of West Virginia. We decline to do so, finding no fault in the enactment in any respect.

I

The West Virginia Hazardous Chemical Substances Act, W.Va.Code § 21-3-18 (1981) (the Act), requires "[a]ny employer of ten or more employees using...

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