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DONOVAN v. UNITED TRANSP. UNION

Nos. 82-3771, 82-3773.

748 F.2d 340 (1984)

Raymond J. DONOVAN, Secretary of Labor (82-3771), and Cuyahoga Valley Railway Company (82-3773), Petitioners, v. UNITED TRANSPORTATION UNION and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1984.

Rehearing and Rehearing Denied January 15, 1985.

Rehearing and Rehearing Denied March 1, 1985.

Attorney(s) appearing for the Case

Shelley D. Hayes, T. Timothy Ryan, Jr., Frank A. White, Dennis K. Kade, Robert D. McGillicuddy (argued), U.S. Dept. of Labor, Washington, D.C., for petitioners in No. 82-3771.

Thomas H. Barnard (argued), Squire, Sanders & Dempsey, Cleveland, Ohio, for petitioners in No. 82-3773.

Ray Darling, Occupational Safety and Health Review Com'n, Washington, D.C., C. Richard Grieser, Grieser, Schafer, Blumensteil & Slane, Richard Huhn (argued), Columbus, Ohio, for respondents in No. 82-3771.

Ray Darling, Occupational Safety and Health, Review Com'n, Washington, D.C., Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondents in No. 82-3773.

Richard Huhn (argued), Grieser, Schafer, Blumenstiel & Slane, Columbus, Ohio, for United Transp. Union.

Before MARTIN and JONES, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 15, 1985 in No. 3773.

Rehearing and Rehearing En Banc Denied March 1, 1985.

NATHANIEL R. JONES, Circuit Judge.

This is an appeal from a decision of the Occupational Safety and Health Review Commission (Commission) which set aside a 1976 Decision and Order of Administrative Law Judge Erwin L. Stuller (the ALJ). We affirm.

I.

The facts of this case are undisputed. On February 27, 1976,...

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