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DONOVAN v. OIL, CHEM., AND ATOM. WORKERS INTERN.

No. 83-4226.

718 F.2d 1341 (1983)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION AND ITS LOCAL 4-23, Respondent.

United States Court of Appeals, Fifth Circuit.

November 7, 1983.

Attorney(s) appearing for the Case

Domenique Kirchner, Dennis K. Kade, Judith N. Macaluso, Dept. of Labor, Washington, D.C., for petitioner.

Robert E. Wages, Denver, Colo., for respondent.

Bennett W. Cervin, Arlene S. Holcomb, Dallas, Tex., for intervenor-petitioner American Petrofina Co. of Texas.

Before RUBIN, TATE and JOLLY, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

To further its purpose of assuring every working person "safe and healthful working conditions," Congress enacted the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (1970) (the Act). The Act provides for both an enforcement arm, under the Secretary of Labor, and an adjudicatory arm, under the Occupational Safety and Health Review Commission (the Commission)...

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