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BROCK v. CARDINAL INDUSTRIES, INC.

No. 86-3094.

828 F.2d 373 (1987)

William E. BROCK, Secretary of Labor, Petitioner, v. CARDINAL INDUSTRIES, INC., and Occupational Safety and Health Review Commission, Respondents. Local Union No. 2077, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided September 4, 1987.

Attorney(s) appearing for the Case

George R. Salem, Deputy Sol. of Labor, Frank A. White, Associate Sol., for OSH.

Joseph M. Woodward, for Appellate Litigation.

Morris R. Parker, Jr. (argued), Washington, D.C., Atty. for U.S. Dept. of Labor.

K. Krieger, for intervenor Local Union No. 2077.

Robert D. Weisman (argued), Schottenstein, Zox & Dunn, P.A., Columbus, Ohio, Ray H. Darling, Jr., Executive Secretary, OSHRC, Washington, D.C., for respondent.

Before KEITH and KENNEDY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

The Secretary of Labor ("Secretary") petitions this court to review a decision of the Occupational Safety and Health Review Commission ("Review Commission" or "Commission") vacating the Secretary's citations that were brought against Cardinal Industries, Inc. ("Cardinal") for violations of the Occupational Safety and Health Act of 1970 ("OSH Act" or "Act"), 29 U.S.C. §§ 651-678 (1982). The Secretary asserts on appeal, and...

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