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MARTIN v. BALLY'S PARK PLACE HOTEL & CASINO

No. 92-3001.

983 F.2d 1252 (1993)

Lynn MARTIN, Secretary of Labor, Petitioner, v. BALLY'S PARK PLACE HOTEL & CASINO and Occupational Safety & Health Review Commission, Respondents.

United States Court of Appeals, Third Circuit.

Decided January 6, 1993.

As Amended February 12, 1993.

Attorney(s) appearing for the Case

Bruce Justh (Argued), U.S. Dept. of Labor, Office of Sol., Washington, DC, for petitioner.

David R. Miller (Argued), Grotta, Glassman & Hoffman, Roseland, NJ, for respondent Bally's Park Place Hotel & Casino.

Before: STAPLETON, SCIRICA and NYGAARD, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This petition for review raises several issues regarding the application of the attorney work product doctrine to a dispute between the Occupational Health and Safety Administration and a private employer. Specifically, we must decide the extent to which the OSHA records access rule, 29 C.F.R. § 1910.20 (1991), incorporates the work product doctrine and whether under the facts here the employer properly invoked...

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