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RSR CORP. v. DONOVAN

No. 83-4083.

733 F.2d 1142 (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.

June 8, 1984.

Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld, Michael J. Cozzillio, Edward C. Nucci, Washington, D.C., for petitioner.

Judith N. Macaluso, Atty., Dept. of Labor, Washington, D.C., for respondents.

Mary-Win O'Brien, Pittsburgh, Pa., for United Steelworker of America, intervenor.

Before RUBIN, JOHNSON, and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

RSR Corporation seeks to invoke our jurisdiction under Section 11(a) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 660(a) (1982) to review a decision and order of the Occupational Safety and Health Review Commission. The Secretary of Labor contends that the decision and order are insufficiently final to support appellate jurisdiction. Interpreting the Act to establish two distinct requirements for appeal, neither...

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