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REICH v. SEA SPRITE BOAT CO., INC.

No. 92-1650.

50 F.3d 413 (1995)

Robert B. REICH, Secretary of Labor, Petitioner, v. SEA SPRITE BOAT COMPANY, INCORPORATED, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 17, 1995.

Rehearing and Suggestion for Rehearing Denied May 9, 1995.

Attorney(s) appearing for the Case

John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, IL, Cynthia L. Attwood, Ronald J. Gottlieb (argued), Marshall J. Breger, U.S. Dept. of Labor, Office of the Sol., Washington, DC, Ray Darling, Jr., Occupational Safety & Health Review Com'n, Washington, DC, for petitioner.

Floyd Babbitt, Donald J. Vogel (argued), Fagel & Haber, Chicago, IL, Frank J. Simutis, Ackman, Marek, Boyd & Simutis, Watseka, IL, for respondent.

Before EASTERBROOK, RIPPLE, and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 9, 1995.*

EASTERBROOK, Circuit Judge.

Exercising its authority under the Occupational Safety and Health Act, the Department of Labor has required manufacturers to spray organic peroxides only within the confines of booths equipped with sprinkler systems. 29 C.F.R. § 1910.107(m)(1). The Department concluded that organic peroxides burn at the slightest provocation, producing...

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