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OHIO MFRS. ASS'N v. CITY OF AKRON

No. 86-3191.

801 F.2d 824 (1986)

OHIO MANUFACTURERS' ASSOCIATION; Akron Selle Company, Plaintiffs-Appellants, v. CITY OF AKRON, State of Ohio; Health Commission, City of Akron; Health Department, City of Akron; C. William Keck, as Director of Health of the City of Akron; Harold K. Stubbs, as Director of Law of the City of Akron, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 17, 1986.

Rehearing and Rehearing Denied October 31, 1986.

Attorney(s) appearing for the Case

Duke W. Thomas, C. William O'Neill (argued), John W. Hoberg, Marcia J. Mengel, Columbus, Ohio, for plaintiffs-appellants.

Secretary of Labor Nathaniel I. Spiller, Mary-Helen Mautner, U.S. Dept. of Labor, Washington, D.C., for amicus curiae plaintiffs-appellants.

Janice E. Crossland (argued), Asst. Dir. of Law, Akron, Ohio, for defendants-appellees.

Paul J. Malesick, Salvatore J. Falletta, Akron, Ohio, for amicus curiae defendants-appellees.

Before MARTIN and GUY, Circuit Judges, and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 31, 1986.

RALPH B. GUY, JR., Circuit Judge.

Plaintiffs appeal the district court's judgment 628 F.Supp. 623 in favor of defendants entered after the court determined that the Akron "Right to Know" Ordinance, regulating hazardous and toxic substances in the workplace, was not preempted by the Occupational Safety and Health Act (OSH Act) of 1970, 29 U.S.C. § 651, et...

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