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CATERPILLAR, INC. v. REICH

No. 96-2885.

111 F.3d 61 (1997)

CATERPILLAR, INCORPORATED, Petitioner, v. Robert B. REICH, Secretary of Labor, Respondent, and United Auto Workers, Local 974, Intervening-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided April 8, 1997.

Attorney(s) appearing for the Case

David E. Howe, Thomas C. Mayer, Caterpillar Incorporated, Peoria, IL, Robert E. Mann (argued) and Sally J. Scott, Franczek, Sullivan, Mann, Crement, Hein & Relias, Chicago, IL, for Petitioner.

Bruce Justh (argued), Department of Labor, Washington, DC, for Respondent.

Jerome Schur and Martha A. Garcia, Katz, Friedman, Schur & Eagle, Chicago, IL, for Intervenor.

Before CUMMINGS, RIPPLE and KANNE, Circuit Judges.

CUMMINGS, Circuit Judge.

Petitioner Caterpillar, Incorporated ("Caterpillar") appeals a final order of the Occupational Safety and Health Review Commission (the "Commission") issued June 12, 1996, pursuant to Section 12(j) of the Occupational Safety and Health Act of 1970 (the "Act"), 29 U.S.C. § 661(j), which adopted a decision of an Administrative Law Judge (the "ALJ"). This Court has jurisdiction over the appeal pursuant to Section 11(a) of the Act, 29 U.S...

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