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REICH v. CONTRACTORS WELDING OF WESTERN N.Y.

No. 1501, Docket 92-4181.

996 F.2d 1409 (1993)

Robert B. REICH, Secretary of Labor, Petitioner, v. CONTRACTORS WELDING OF WESTERN NEW YORK, INC., Respondent.

United States Court of Appeals, Second Circuit.

Decided June 24, 1993.

Attorney(s) appearing for the Case

Charles F. James, Atty., Washington, DC (Judith E. Kramer, Deputy Sol., Joseph M. Woodward, Associate Sol. for Occupational Safety and Health, Barbara Werthmann, Counsel for Appellate Litigation, U.S. Dept. of Labor, Office of the Sol., Washington, DC, of counsel), for petitioner.

Before: MINER, McLAUGHLIN and FRIEDMAN, Circuit Judges.

MINER, Circuit Judge:

Petitioner Robert B. Reich, the Secretary of Labor, ("Secretary") petitions for review of a portion of a decision issued by the Occupational Safety and Health Review Commission ("Commission") dated August 6, 1992. In the portion of its decision, which is the subject of the petition, the Commission declared as "valid precedent" the analysis underlying its September 6, 1991 decision vacating an administrative...

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