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NATIONAL COTTONSEED PRODUCTS ASS'N v. BROCK

Nos. 78-2014, 86-1075 and 86-1157.

825 F.2d 482 (1987)

NATIONAL COTTONSEED PRODUCTS ASSOCIATION, Petitioner, v. William E. BROCK, Secretary of Labor, United States Department of Labor and Eula Bingham, Assistant Secretary of Labor, United States Department of Labor; Occupational Safety and Health Administration, United States Department of Labor, Respondents. NATIONAL COTTONSEED PRODUCTS ASSOCIATION, Petitioner, v. William E. BROCK, Secretary of Labor, U.S. Department of Labor, et al., Respondents. MINNESOTA MINING AND MANUFACTURING COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 1987.

As Amended August 13, 1987.

Attorney(s) appearing for the Case

Carl W. Vogt, Washington, D.C., with whom Joyce E. Reback was on the brief for petitioner, Nat. Cottonseed Products Ass'n in Nos. 78-2014 and 86-1075.

Peter G. Nash, Greenville, S.C., with whom Dixie L. Atwater, Greenville, S.C., and Nelson E. Schmidt, Chicago, Ill., were on the brief for petitioner Minnesota Mining and Mfg. Co. in No. 86-1157.

Andrea C. Casson, Asst. Counsel for Appellate Litigation, Dept. of Labor, Washington, D.C., with whom Joseph M. Woodward, Counsel for Appellate Litigation and Charles P. Gordon, Attorney, Dept. of Labor were on the brief for respondents.

George H. Cohen, Jeremiah A. Collins and Laurence Gold, Washington, D.C., were on the brief for amicus curiae, American Federation of Labor and Congress of Indus. Organizations.

Before ROBINSON, GINSBURG and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH B. GINSBURG and Circuit Judge WILLIAMS.

RUTH B. GINSBURG, Circuit Judge, and WILLIAMS, Circuit Judge:

Two remnants of the cotton dust rule-making are presented to us following extensive judicial and administrative consideration of the regulations. See AFL-CIO v. Marshall, 617 F.2d 636 (D.C.Cir.1979), aff'd in part sub nom. American Textile Manufacturers Institute...

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