NATIONAL GRAIN & FEED ASSOCIATION, INC., and Great River Grain Corporation, Petitioners,
v.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION and United States Department of Labor, Respondents.
FOOD & ALLIED SERVICE TRADES DEPARTMENT, AFL-CIO, et al., Petitioners,
v.
Elizabeth DOLE, Secretary of Labor, Respondent.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
April 25, 1990.
April 25, 1990.
Attorney(s) appearing for the Case
Jerome J. Reso, Jr., H. Sloan McCloskey, New Orleans, La., for petitioners.
Marc L. Fleischaker, V. Daniel Palumbo, Washington, D.C., Mike Miller, Fargo, N.D., for amicus curiae, North Dakota Grain Dealers Assoc.
Randy S. Rabinowitz, Washington, D.C., for intervenor Food & Allied Service Trades.
Nathaniel I. Spiller, Allen H. Feldman, Steven J. Mandel, Barbara Werthmann, Jay S. Bybee, Leonard Schaitman, U.S. Dept. of Labor, Washington, D.C., for respondents.
Robert Myers, Jr., W. Caffey Norman, III, Washington, D.C., for intervenor Millers' Nat. Fed.
David C. Vladeck, Alan Morrison, Public Citizen Lit. Group, Washington, D.C., for intervenor Oil, Chemical & Atomic Workers.
Richard L. Frank, Philip C. Olsson, Washington, D.C., for intervenor American Feed Ind. Assoc.
Marc L. Fleischaker, Washington, D.C., for intervenor Nat. Grain & Feed Assoc.
Jay S. Bybee, Leonard Schaitman, U.S. Dept. of Justice, Civ. Div., Ray H. Darling, Exec. Secretary, OSHRC, George R. Salem, Deputy Secretary, Dept. of Labor, Washington, D.C., for Secretary of Labor.
Before GARZA, WILLIAMS, and SMITH, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
BY THE COURT:
We have under submission three motions filed subsequently to the issuance of our substitute opinion, 866 F.2d 717 (5th Cir.1989). Petitioners Food & Allied Service Trades Department, AFL-CIO, et al. ("the unions"), move this court for an order enforcing our judgment. Petitioners National Grain & Feed Association, Inc., et al. ("the industry"), move that we reopen the public record. Respondent, the Secretary of...
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