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DONOVAN v. UNITED TRANSPORTATION UNION

Nos. 82-3771, 82-3773.

783 F.2d 58 (1986)

Raymond J. DONOVAN, Secretary of Labor, and Cuyahoga Valley Railway Company, Petitioners, v. UNITED TRANSPORTATION UNION and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1986.

Attorney(s) appearing for the Case

Shelley D. Hayes, T. Timothy Ryan, Jr., Frank A. White, Dennis K. Kade, Robert D. McGillicuddy (argued), U.S. Dept. of Labor, Washington, D.C., for petitioners in No. 82-3771.

Thomas H. Barnard (argued), Squire, Sanders & Dempsey, Cleveland, Ohio, for petitioners in No. 82-3773.

Ray Darling, Occupational Safety and Health Review Com'n, Washington, D.C., C. Richard Grieser, Grieser, Schafer, Blumensteil & Slane, Richard Huhn (argued), Columbus, Ohio, for respondents in No. 82-3771.

Ray Darling, Occupational Safety and Health Review Com'n, Washington, D.C., Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondents in No. 82-3773.

Richard Huhn (argued), Grieser, Schafer, Blumenstiel & Slane, Columbus, Ohio, for United Transp. Union.

Before MARTIN and JONES, Circuit Judges, and PECK, Senior Circuit Judge.

PER CURIAM.

This case is before the court on remand from the United States Supreme Court, which reversed this court's prior judgment. See Donovan v. United Transportation Union, 748 F.2d 340 (6th Cir.1984), rev'd sub nom. Cuyahoga Valley Railway Co. v. United Transportation Union, ___ U.S. ___, 106 S.Ct. 286, 88 L.Ed.2d 2 (1985).

In 1976 the Secretary of Labor filed a complaint with the Occupational Safety and...

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