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REICH v. CON AGRA FLOUR MILL. CO.

No. 93-2547.

25 F.3d 653 (1994)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Petitioner, v. CON AGRA FLOUR MILLING CO.; Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided May 26, 1994.

Attorney(s) appearing for the Case

Ronald Joseph Gottlieb, Washington, DC, argued (Barbara Werthmann, on the brief), for petitioner.

Dean G. Kratz, Omaha, NE, argued, for respondents.

Before McMILLIAN, WOLLMAN, and BEAM, Circuit Judges.

WOLLMAN, Circuit Judge.

Robert E. Reich, the Secretary of Labor (the "Secretary"), petitions for review of a decision and order of the Occupational Safety and Health Review Commission (the "Commission") that vacated the Secretary's citation against Con Agra Flour Milling Co. for violating 29 C.F.R. § 1910.178(c)(2)(vi)(a). We grant the petition and affirm the citation.

I.

In the packing room of Con Agra's flour mill in Martin's Creek, Pennsylvania...

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