R.T. VANDERBILT CO. v. OCCUP. SAFETY AND HEALTH

No. 82-3325.

728 F.2d 815 (1984)

R.T. VANDERBILT COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 9, 1984.


Attorney(s) appearing for the Case

M. Ann Anderson/Guy Driver (argued), Womble, Carlyle, Sandridge and Rich, Winston-Salem, N.C., for petitioner.

Paul A. LaFranchise, Attorney Ray Darling, Secretary OSHRC, Washington, D.C., Ann D. Nachbar (argued), U.S. Dept. of Labor, Washington, D.C., for respondents.

Before KEITH and MARTIN, Circuit Judges, and McRAE, Chief Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

R.T. Vanderbilt Company, an intervenor in the proceedings below, petitions this Court to reverse a finding by the Occupational Health and Safety Review Commission that one of its talc products, "Ceramitalc HDT," contains asbestos fibers. We have jurisdiction to hear this petition pursuant to 29 U.S.C. § 660(a).

Hull Pottery Company used Ceramitalc HDT to manufacture ceramic pottery. On July 20-21, 1977, the Occupational...

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