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REICH v. GENERAL MOTORS CORP.

No. 95-3660.

89 F.3d 313 (1996)

Robert B. REICH, Secretary of Labor, Petitioner, v. GENERAL MOTORS CORPORATION, DELCO CHASSIS DIVISION; and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Bruce Justh (argued and briefed), Ann Rosenthal, U.S. Dept. of Labor, Office of Solicitor, Washington, DC, for Petitioner.

Brian W. Scovill, General Counsel, General Motors Corp., Detroit, MI, Arthur G. Sapper (briefed), Robert C. Gombar (argued). McDermott, Will & Emery, Washington, DC, for General Motors Corp., Delco Chassis Div.

Ray Darling, Secretary, OSHRC, Washington, DC, for Occupational Safety & Health Review Com'n.

Before: NORRIS, SILER, and GODBOLD, Circuit Judges.

ALAN E. NORRIS, Circuit Judge.

The Secretary of Labor petitions for review of a final order of the Occupational Safety and Health Review Commission ("OSHRC") affirming an administrative law judge's decision to vacate three citations issued to respondent General Motors Corporation ("GM") for violating 29 C.F.R. § 1910.147. We agree with OSHRC that the citations should be vacated.

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