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MARTIN v. PAV-SAVER MFG. CO.

No. 87-1418.

933 F.2d 528 (1991)

Lynn MARTIN, Secretary of Labor, Petitioner, v. PAV-SAVER MANUFACTURING CO. and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 24, 1991.

Attorney(s) appearing for the Case

John Shortall, Dept. of Labor, Appellate Litigation, Washington, D.C., for Petitioner.

Moss Meersman, East Moline, Ill., for respondent Pav-Saver Mfg. Co.

Ray Darling, Jr., Occupational Safety and Health Admin., Executive Secretary, Washington, D.C., for respondent Occupational Safety Health Review Com'n.

Jerold S. Solovy, Douglas A. Graham, Jenner & Block, Chicago, Ill., amicus curiae for respondent's position.

Before COFFEY and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

RIPPLE, Circuit Judge.

The Secretary of Labor (Secretary) seeks review of an order of the Occupational Safety and Health Review Commission (Commission). Because the Commission erred in entertaining the employer's untimely notice of contest, we reverse the decision of the Commission and hold that the Secretary's citations should be affirmed.

I

BACKGROUND

A. The Statutory Scheme

The Occupational Safety and Health Act of 1970...

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