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CALUMET INDUSTRIES, INC. v. BROCK

Nos. 86-1203, 86-1408.

807 F.2d 225 (1986)

CALUMET INDUSTRIES, INC., et al., Petitioners, v. William E. BROCK, et al., Respondents. CALUMET INDUSTRIES, INC., et al., Petitioners, v. William BROCK, Secretary of Labor, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 1986.

Attorney(s) appearing for the Case

Lee Calligaro, with whom William J. Mutryn and Richard A. Feinstein, Washington, D.C., were on the brief for petitioners.

Laura V. Fargas, Atty., Dept. of Labor, of the Bar of the Supreme Court of Pennsylvania, pro hac vice by special leave of Court, with whom Joseph M. Woodward, Atty., Dept. of Labor, Washington, D.C., was on the brief for respondents. Mary Coster Williams, Asst. U.S. Atty. and Cynthia L. Attwood, Atty., Dept. of Labor, Arlington, Va., entered appearances for respondents.

Before SILBERMAN and WILLIAMS, Circuit Judges, and JAMESON, Senior District Judge.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioners Calumet Industries, Macmillan Ring-Free Oil Co., and Seaview Lubricants seek review of a Notice of Interpretation ("Notice") issued by the Occupational Safety and Health Administration ("OSHA"). The Notice seeks to draw a bright line between "carcinogenic" lubricating oils and "noncarcinogenic" lubricating oils. In these consolidated cases, petitioners contend that...

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