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GENERAL CARBON CO. v. OCCUPATIONAL S. & H. REV. COM'N

No. 87-1805.

860 F.2d 479 (1988)

GENERAL CARBON COMPANY, a DIVISION OF ST. MARY'S CARBON COMPANY, a Corporation, Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION, and Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 1988.

Attorney(s) appearing for the Case

Stella L. Smetanka, with whom David B. White, Pittsburgh, Pa., was on the brief, for petitioner.

Barbara Werthmann, Atty., Dept. of Labor, with whom George R. Salem, Sol., Cynthia L. Attwood, Associate Sol., Ann Rosenthal, Atty., Dept. of Labor, Washington, D.C., were on the brief, for respondents.

John Shortall, Atty., Dept. of Labor, Washington, D.C., also entered an appearance for, Dept. of Labor.

Before WALD, Chief Judge and MIKVA and SENTELLE, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

Petitioner General Carbon Company ("General Carbon" or "the company") seeks review of an order of the Occupational Safety and Health Review Commission ("OSHRC" or "the Commission"). That order upheld the Administrative Law Judge's ("ALJ") determination that General Carbon, by its failure to attach a warning label to containers of electrical brushes, had violated one of the Hazard Communication...

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