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DOLE v. ARCO CHEMICAL CO.

No. 90-3213.

921 F.2d 484 (1990)

Elizabeth DOLE, Secretary of Labor, Petitioner, v. ARCO CHEMICAL COMPANY and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided December 14, 1990.

Attorney(s) appearing for the Case

Robert P. Davis, Sol. of Labor, Cynthia L. Attwood, Ass'n Sol., Ann Rosenthal, Laura V. Fargas (argued), U.S. Dept. of Labor, Washington, D.C., for petitioner.

Thomas M. Melo, Gregory B. Richards (argued), Bracewell & Patterson, Houston, Tex., for respondent Arco Chemical Co.

Before MANSMANN, COWEN and ALITO, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This case comes to us on a petition for review filed by the Secretary of Labor pursuant to Section 11(b) of the Occupational Safety and Health Act of 1970 ("the Act"), 29 U.S.C. § 660(b) (1977). The Secretary asks that we review an order of the Occupational Safety and Health Review Commission which finalized the decision of an administrative law judge denying the Secretary's motion to amend the complaint...

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