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REICH v. OCCUPATIONAL SAFETY & HEALTH REVIEW COM'N

Nos. 92-3297 & 92-3313.

998 F.2d 134 (1993)

Robert REICH, Secretary of Labor, United States Department of Labor, Petitioner in No. 92-3297, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Erie Coke Corporation, Respondents, ERIE COKE CORPORATION, Petitioner in No. 92-3313, v. Robert REICH, Secretary of Labor, United States Department of Labor, Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided June 17, 1993.

Attorney(s) appearing for the Case

Charles F. James, (argued), Marshall J. Breger, Sol. of Labor, Donald G. Shalhoub, Acting Associate Sol. for Occupational Safety and Health Ann Rosenthal, for Appellate Litigation U.S. Dept. of Labor, Washington, DC, for Secretary of Labor.

Eric D. Paulsrud, (argued), John J. Gazzoli, Jr., Lewis, Rice & Fingersh, St. Louis, MO, for Erie Coke Corp.

Before: BECKER, GREENBERG, and WEIS, Circuit Judges

OPINION OF THE COURT

WEIS, Circuit Judge.

In this proceeding seeking review of an order by the Occupational Safety and Health Review Commission, we determine that a cross-petition filed in this Court more than sixty days after the date of the order is time barred. We also reject the Secretary of Labor's contention that the Commission lacks authority to reduce an other-than-serious violation to one of a de minimis level. We therefore will dismiss the cross...

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