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TOWNE CONST. CO. v. OCC. SAFETY AND HEALTH REVIEW COMMISSION

No. 87-3029.

847 F.2d 1187 (1988)

TOWNE CONSTRUCTION COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Secretary of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

April 6, 1988.

Attorney(s) appearing for the Case

Roger L. Sabo, argued, Millisor & Nobil, Columbus, Ohio, for petitioner.

Ray Darling, Exc. Secretary, O.S.H.R.C., Gen. Counsel, Barbara Werthmann, argued, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before ENGEL, Chief Judge, and KENNEDY and KRUPANSKY, Circuit Judges.

PER CURIAM.

Towne Construction Company (Towne) petitions the Court to set aside an order of respondent Occupational Safety and Health Review Commission citing Towne for a serious violation of the Occupational Health and Safety Act. The Secretary of Labor, who seeks enforcement, is also a respondent. Towne claims that the citation is based on its failure to follow a regulation that was promulgated pursuant to an illegal delegation and is therefore void, that the regulation...

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