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McLAUGHLIN v. ASARCO, INC.

No. 87-7088.

841 F.2d 1006 (1988)

Ann McLAUGHLIN, Secretary of Labor, Petitioner, and United Steelworkers of America, AFL-CIO-CLC, Petitioner-Intervenor, v. ASARCO, INC., Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted December 11, 1987.

Decided March 16, 1988.

Attorney(s) appearing for the Case

Jeffrey A. Hennemuth, Dept. of Labor, Washington, D.C., for petitioner.

Jeffrey T. Johnson, Holland & Hart, Denver, Colo., for respondent.

Before WRIGHT, ANDERSON, and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge:

The Secretary of Labor petitions for review of an order of the Occupational Safety and Health Review Commission ("OSHRC" or "Commission"). The order dismissed the Secretary's citation against ASARCO, a lead smelter operator, for violating the medical removal protection benefits promulgated by the Secretary for the benefit of employees who have suffered occupational exposure to lead. The case arises because of a dispute between the Secretary...

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