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CATERPILLAR INC. v. OSHRC

No. 96-3668.

122 F.3d 437 (1997)

CATERPILLAR INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, United Auto Workers, Local 974, Intervening-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 21, 1997.

Attorney(s) appearing for the Case

John F. Kuenstler, Wildman, Harrold, Allen & Dixon, Chicago, IL, Robert E. Mann (argued), Sally J. Scott, Franczek, Sullivan, Mann, Crement, Hein & Relias, Chicago, IL, for Petitioner.

Jerome Schur, Katz, Friedman, Schur & Eagle, Chicago, IL, Barbara Werthmann, Department of Labor, Occupational Safety Health Review, Washington, DC, Charles F. James (argued), Department of Labor, Office of the Solicitor, Washington, DC, Ray Darling, Jr., Occupational Safety & Health Review Commission, Washington, DC, for Respondent Occupational Safety and Health Review Commission.

Barbara Werthmann, Department of Labor, Occupational Safety Health Review, Washington, DC, Charles F. James (argued), Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Reich.

Jerome Schur, Katz, Friedman, Schur & Eagle, Chicago, IL, for Intervenor-Respondent United Auto Workers, Local 974.

Before CUMMINGS, WOOD, JR., and DIANE P. WOOD, Circuit Judges.

CUMMINGS, Circuit Judge.

Petitioner Caterpillar Inc. ("Caterpillar") appeals a final decision of the Occupational Safety and Health Review Commission (the "Commission") issued September 4, 1996. This case arises out of an accident at Caterpillar's East Peoria, Illinois, facility involving the repair of a 6,000-ton forging press called the Erie 6000. The repair procedure required use of a gear pulling device that had four steel studs on it, each weighing 35 to 40 pounds...

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