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UNITED TECHNOLOGIES, CORP. v. OSHA, U.S. DEPT. OF LABOR

Docket No. 87-4143.

836 F.2d 52 (1987)

UNITED TECHNOLOGIES CORP., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Second Circuit.

Decided December 1, 1987.

Opinion Filed December 30, 1987.

Attorney(s) appearing for the Case

W. Scott Railton, Washington, D.C. (Gary L. Melampy, Karen C. Chinn, Reed Smith Shaw & McClay, Washington, D.C., of counsel), for petitioner.

Allen H. Feldman, Associate Sol. for Special Appellate and Supreme Court Litigation, Washington, D.C. (George R. Salem, Sol. of Labor, Steven J. Mandel, Counsel for Appellate Litigation, Nathaniel I. Spiller, Atty., U.S. Dept. of Labor, Washington, D.C., of counsel), for respondent.

Before PIERCE, MINER, and DAVIS, Circuit Judges.

PIERCE, Circuit Judge:

On August 19, 1987, the Occupational Safety and Health Administration of the United States Department of Labor ("OSHA") filed in the Office of the Federal Register in Washington, D.C., certain amendments to its Hazard Communication Standard, 29 C.F.R. § 1910.1200. These amendments were published in the Federal Register on August 24, 1987. See 52 Fed.Reg. 31,852 (1987). On October 23...

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