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BETHLEHEM STEEL CORP. v. DONOVAN

No. 83-1381.

727 F.2d 1358 (1984)

BETHLEHEM STEEL CORPORATION, Petitioner, v. Raymond E. DONOVAN, Secretary of Labor, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Warren M. Davison, Baltimore, Md. (Earle K. Shawe, Leslie R. Stellman, Shawe & Rosenthal, Baltimore, Md., on brief), for petitioner.

Andrea C. Casson, U.S. Dept. of Labor, Washington, D.C. (Francis X. Lilly, Deputy Sol. of Labor, Frank A. White, Associate Sol. for Occupational Safety and Health; Dennis K. Kade, Counsel for Appellate Litigation, Washington, D.C.; Marshall H. Harris, Regional Sol., Philadelphia, Pa., on brief), for respondent.

Before WIDENER and HALL, Circuit Judges, and HOFFMAN, District Judge.

K.K. HALL, Circuit Judge:

Bethlehem Steel Corporation ("Bethlehem") petitions the Court pursuant to Section 11(a) of the Occupational Safety and Health Act (the "Act"), 29 U.S.C. § 660(a), for review of an order of the Occupational Safety and Health Review Commission ("Commission"). In this order the Commission found that Bethlehem had violated the provisions of 29 U.S.C. § 654(a)(2) and a regulation promulgated thereunder by the Occupational Health and...

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