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DOLE v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

No. 86-2641.

891 F.2d 1495 (1989)

Elizabeth H. DOLE, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, CF & I Steel Corporation, Intervenor-Respondent.

United States Court of Appeals, Tenth Circuit.

December 22, 1989.

Attorney(s) appearing for the Case

John Shortall, Attorney, U.S. Dept. of Labor (George R. Salem, Sol. of Labor, Cynthia L. Attwood, Associate Sol. for Occupational Safety and Health, Joseph M. Woodward, Counsel for Appellate Litigation, Andrea C. Casson, Asst. Counsel for Appellate Litigation, with him on the brief), Washington, D.C., for petitioner.

L. Carey Unkelbach (John D. Faught, on the brief), Englewood, Colo., for intervenor-respondent.

Before MOORE and BALDOCK, Circuit Judges and DAUGHERTY, District Judge.

BALDOCK, Circuit Judge.

The Secretary of Labor (Secretary) appeals from a decision of the Occupational Safety and Health Review Commission (Commission) vacating a citation charging CF & I Steel Corporation (CF & I) with willfully violating 29 C.F.R. § 1910.1029(g)(3). That regulation governs employee exposure to coke oven emissions. The Secretary argues that CF & I violated the Occupational Safety and Health Act (OSHA) by failing to utilize atmospheric...

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