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FRANK DIEHL FARMS v. SECRETARY OF LABOR

No. 81-7229.

696 F.2d 1325 (1983)

FRANK DIEHL FARMS, Diehl & Lee, MLC, Villemaire Farms, Inc., and V.V. Vogel & Sons Farms, Inc., Petitioners, v. SECRETARY OF LABOR and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 8, 1983.

Attorney(s) appearing for the Case

Charles Kelso, Ann Margaret Pointer, Atlanta, Ga., for petitioners.

Edward G. Hoban, John A. Bryson, Attys., Dept. of Labor, Occupational Safety & Health Review Com'n, Andrea C. Casson, Anthony J. Steinmeyer, Marleigh D. Dover, Dept. of Justice, Washington, D.C., for respondents.

Before VANCE and JOHNSON, Circuit Judges, and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied April 8, 1983.

VANCE, Circuit Judge:

This petition to review an order of the Occupational Safety and Health Review Commission challenges the Commission's and the Secretary of Labor's new interpretation of the statutory workplace as it relates to housing, provided in this case to seasonal farm workers.

The facts are not in dispute. Petitioners are four Hillsborough County, Florida farmers1

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