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SIMPLEX TIME RECORDER CO. v. SECRETARY OF LABOR

Nos. 83-2164, 83-2297.

766 F.2d 575 (1985)

SIMPLEX TIME RECORDER COMPANY, Petitioner, v. SECRETARY OF LABOR, Respondent. William E. BROCK, Secretary of Labor, Petitioner, v. SIMPLEX TIME RECORDER COMPANY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 1985.

Attorney(s) appearing for the Case

Robert D. Moran, Washington, D.C., for petitioner in No. 83-2164 and respondent in No. 83-2297.

Domenique Kirchner, Atty., Dept. of Labor, Washington, D.C., with whom Judith N. Macaluso, Asst. Counsel for Appellate Litigation, Dept. of Labor, Washington D.C., was on brief, for respondent in No. 83-2164 and petitioner in No. 83-2297.

Before WALD, BORK and DAVIS, Circuit Judges.

Opinion for the Court filed by Circuit Judge DAVIS.

Opinion dissenting only as to Part VII(A) filed by Circuit Judge WALD.

DAVIS, Circuit Judge:

This is a case under OSHA (the Occupational Safety and Health Act, 29 U.S.C. §§ 651-678 (1982)) in which both sides appeal. Simplex Time Recorder Co. (Simplex or the company) petitions for review of an order issued by the Occupational Safety and Health Review Commission (OSHRC or Commission), charging...

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