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ASBESTOS INFO. ASSOCIATION/NORTH AMERICA v. REICH

No. 94-41097.

117 F.3d 891 (1997)

ASBESTOS INFORMATION ASSOCIATION/NORTH AMERICA, Petitioner, v. Robert B. REICH, Secretary of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

July 24, 1997.

Attorney(s) appearing for the Case

Timothy S. Hardy, Kirkland & Ellis, Washington, DC, for Petitioner.

Bruce Foster Justh, Barbara Ursula Werthmann, J. Davitt McAteer, U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondent.

Elihu Inselbuch Leifer, Nora H. Leyland, Victoria Louise Bor, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, DC, for Building and Construction Trades Department, AFL-CIO Intervenor.

Before WIENER and PARKER, Circuit Judges, and LITTLE, District Judge.

ROBERT M. PARKER, Circuit Judge:

Petitioner Asbestos Information Association/North America ("AIA/NA") petitioned this court for review of a final rule promulgated by the Occupational Safety and Health Administration ("OSHA" or "the Agency"). We grant review and vacate the Agency's shipyard and construction standards insofar as they regulate asphalt roof coatings and sealants which contain asbestos.

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