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DONOVAN v. ADAMS STEEL ERECTION, INC.

No. 84-3586.

766 F.2d 804 (1985)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. ADAMS STEEL ERECTION, INC., Respondent, International Association of Bridge, Structural and Ornamental Workers, AFL-CIO, and the Building and Construction Trades Department, AFL-CIO, Intervenors.

United States Court of Appeals, Third Circuit.

Decided July 5, 1985.

Attorney(s) appearing for the Case

Francis X. Lilly, Solicitor of Labor, Frank A. White, Associate Solicitor for Occupational Safety & Health, Judith N. Macaluso, Asst. Counsel for Appellate Litigation, Domenique Kirchner, Atty. U.S. Dept. of Labor, Washington, D.C., for petitioner.

Marshall H. Harris, Regional Sol., Philadelphia, Pa., Elihu I. Leifer, Victoria L. Bor, D. William Heine, Jr., Sherman, Dunn, Cohen, Leifer & Counts, Washington, D.C., for intervenors.

Victor Van Bourg, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for respondent.

Before SEITZ, WEIS, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The petitioner, the Secretary of Labor (the Secretary), seeks review of a final order of the Occupational Safety and Health Review Commission (the Commission)1 vacating two citations that had been issued to the respondent, Adams Steel Erection, Inc. (the Company) for alleged violations of the Occupational Safety and Health Administration (OSHA) regulations for the construction industry...

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