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ASBESTOS INFORMATION ASS'N/NORTH AMERICA v. O.S.H.A.

Nos. 83-4687 to 83-4689 and 83-4711.

727 F.2d 415 (1984)

ASBESTOS INFORMATION ASSOCIATION/NORTH AMERICA, et al., Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, et al., Respondents. EAST TEXAS SERVICE CORPORATION, et al., Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, et al., Respondents.

United States Court of Appeals, Fifth Circuit.

March 7, 1984.

Attorney(s) appearing for the Case

Liskow & Lewis, Gene W. Lafitte, Robert E. Holden, New Orleans, La., Kirkland & Ellis, Edward W. Warren, Timothy S. Hardy, Arthur F. Sampson, III, Washington, D.C., for petitioners.

Dennis K. Kade, Judity N. Macaluso, Andrea C. Casson, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before CLARK, Chief Judge, RUBIN and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The Asbestos Information Association (AIA), an organization of American and Canadian manufacturers of asbestos products, asks this court to determine whether the Occupational Safety and Health Administration (OSHA) properly by-passed normal notice-and-comment rulemaking procedures in favor of creating an Emergency Temporary Standard (ETS) lowering workers' permissible exposure level (PEL) to...

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