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FORGING INDUSTRY ASS'N v. SECRETARY OF LABOR

No. 83-1420.

748 F.2d 210 (1984)

FORGING INDUSTRY ASSOCIATION, Petitioner, v. SECRETARY OF LABOR, Respondent, National Arborist Association, Inc., Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided November 7, 1984.

Attorney(s) appearing for the Case

Robert D. Moran, Washington, D.C. (Vorys, Sater, Seymour & Pease, Washington, D.C., on brief), for petitioner.

Steven R. Semler, Washington, D.C. (Zimmerman, Semler & Pritzker, Washington, D.C., on brief), for intervenor.

Judith N. Macaluso, 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., Laura V. Fargas, Washington, D.C., on brief), for respondent.

Before SPROUSE and CHAPMAN, Circuit Judges and WARRINER, District Judge.

CHAPMAN, Circuit Judge:

This case is before this court pursuant to Section 6(f) of the Occupational Safety and Health Act of 1970 ("Act"), 29 U.S.C. § 655(f).1 The Forging Industry Association ("FIA") petitions this court to review the Secretary of Labor's promulgation of a "hearing conservation amendment" ("amendment") to its occupational noise exposure standard, 29 C.F.R. § 1910.95...

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