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UNITED STATES DEPT. OF LABOR v. KAST METALS CORP.

No. 83-4311.

744 F.2d 1145 (1984)

UNITED STATES DEPARTMENT OF LABOR, Plaintiff-Appellant, v. KAST METALS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 29, 1984.

Attorney(s) appearing for the Case

Francis X. Lilly, Deputy Sol. of Labor, Frank A. White, Assoc. Sol., Dennis K. Kade, Domenique Kirchner, Atty., U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

Jones, Day, Reavis & Pogue, John E. McFall, Marc W. Barta, Dallas, Tex., for defendant-appellee.

Before GOLDBERG, RUBIN and REAVLEY, Circuit Judges.

GOLDBERG, Circuit Judge:

We are faced with the question whether the Occupational Safety and Health Administration ("OSHA") validly concocted a calculus to target employers for inspection without first providing the notice and comment rulemaking prescribed by the Administrative Procedure Act ("APA" or "Act"), 5 U.S.C. § 553 (1982). Because we conclude that the Secretary of Labor promulgated a procedural rule that does not generate a substantial impact on the rights...

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