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RSR CORP. v. DONOVAN

No. 81-4379.

747 F.2d 294 (1984)

RSR CORPORATION, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

November 26, 1984.

Attorney(s) appearing for the Case

Michael J. Cozzillio, Alan J. Statman, Washington, D.C., for petitioner.

T. Timothy Ryan, Jr., Sol., Benjamin Mintz, Judith N. Macaluso, Allen H. Feldman, Attys., Laura V. Fargas, Dept. of Labor, Ray H. Darling, Jr., Executive Secretary, Edward G. Hoban, Earl R. Ohman, Jr., Attys., Washington, D.C., for respondent.

Mary Win-O'Brien, United Steelworkers of America, Pittsburgh, Pa., Peter O. Shinevar, Washington, D.C., for United Steelworkers of America.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

RSR Corporation appeals a final order of the Occupational Safety and Health Review Commission, pursuant to section 11(a) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 660(a). RSR challenges the Commission's finding of a serious violation, 29 U.S.C. § 666(j), of the standards set forth in 29 C.F.R. § 1910.1025(f)(2)(i) and 29 U.S.C. § 654(a)(2)1 for failure to...

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