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PRATT & WHITNEY AIRCRAFT v. DONOVAN

No. 1055, Docket 82-4186.

715 F.2d 57 (1983)

PRATT & WHITNEY AIRCRAFT, DIVISION OF UNITED TECHNOLOGIES CORPORATION, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided August 12, 1983.

Attorney(s) appearing for the Case

Edward J. Dempsey, Hartford, Conn. (Joseph C. Wells, Farmer, Wells, McGuinn & Sibal, Hartford, Conn., of counsel), for petitioner.

Laura V. Fargas, U.S. Dept. of Labor, Washington, D.C. (Albert H. Ross, Regional Sol., Boston, Mass., T. Timothy Ryan, Jr., Sol. of Labor, Frank A. White, Associate Sol., Occupational Safety and Health, Dennis K. Kade, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., of counsel), for respondents.

Before FEINBERG, Chief Judge, MESKILL, Circuit Judge, and WYATT, District Judge.

MESKILL, Circuit Judge:

We are asked to review for the second time a final order of the Occupational Safety and Health Review Commission (Commission) holding Pratt & Whitney Aircraft, Division of United Technologies Corporation (Pratt & Whitney), in serious violation of 29 C.F.R. § 1910.94(d)(7)(iii) (1982), a safety and health standard promulgated pursuant to the Occupational Safety and Health Act of 1970 (OSHA...

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