DONOVAN v. DANIEL MARR & SON

No. 84-1756.

763 F.2d 477 (1985)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. DANIEL MARR & SON CO., Respondent. International Association of Bridge, Structural and Ornamental Iron Workers, and Building and Construction Trades Department, AFL-CIO, Intervenors.

United States Court of Appeals, First Circuit.

Decided June 4, 1985.


Attorney(s) appearing for the Case

Domenique Kirchner, Washington, D.C., with whom Francis X. Lilly, Sol. of Labor, Frank A. White, Associate Sol. for Occupational Safety and Health, and Judith N. Macaluso, Asst. Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., were on brief, for Raymond J. Donovan, Secretary of Labor.

Victoria L. Bor, Washington, D.C., with whom Elihu I. Leifer, Sherman, Dunn, Cohen, Leifer & Counts, Washington, D.C., Victor Van Bourg and Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., were on brief, for intervenors.

Leo A. Reed, Norwell, Mass., for respondent.

Before CAMPBELL, Chief Judge, TORRUELLA, Circuit Judge, and RE, Judge.


LEVIN H. CAMPBELL, Chief Judge.

The Secretary of Labor petitions for review under the provisions of the Occupational Safety and Health Act of 1970 ("OSHA"), 29 U.S.C. § 651 et seq., of an order of the Occupational Safety and Health Review Commission ("the Commission") vacating a citation issued against Daniel Marr & Son Co. ("Marr") for an alleged violation of one of the Occupational Safety and Health Regulations promulgated by the Secretary for the...

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