DOLE v. EAST PENN MFG. CO., INC.

No. 89-3426.

894 F.2d 640 (1990)

Elizabeth DOLE, Secretary of Labor, United States Department of Labor, Petitioner, v. EAST PENN MANUFACTURING CO., INC. and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided January 29, 1990.


Attorney(s) appearing for the Case

Robert P. Davis, Sol. of Labor, Cynthia L. Attwood, Associate Sol. for Occupational Safety and Health, Ann Rosenthal, Arlington, Va., for Appellate Litigation.

Barbara E. Kahl (argued), U.S. Dept. of Labor, Washington, D.C., for petitioner.

Dennis J. Morikawa, Morgan, Lewis & Bockius, Philadelphia, Pa., Vincent Candiello (argued), Harrisburg, Pa., for respondent East Penn Mfg., Inc.

Before HUTCHINSON, COWEN and ROSENN, Circuit Judges.


OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

The Secretary of Labor (Secretary) petitions this Court for review of a decision of the Occupational Safety and Health Review Commission (Commission) vacating a citation against the East Penn Manufacturing Company (East Penn). The Secretary issued the citation against East Penn after the company discontinued paying overtime benefits to an employee removed for possible...

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