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CHAMBER OF COMMERCE OF U.S. v. U.S. DEPT. OF LABOR

No. 98-1036.

174 F.3d 206 (1999)

CHAMBER OF COMMERCE OF THE UNITED STATES, National Association of Manufacturers, American Trucking Associations, Inc., and Food Marketing Institute, Petitioners, v. UNITED STATES DEPARTMENT OF LABOR, Occupational Safety & Health Administration, and Alexis M. Herman, Secretary, United States Department of Labor, Respondents. Food Distributors International, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 1999.

Attorney(s) appearing for the Case

Baruch A. Fellner argued the cause for petitioners. With him on the briefs were William J. Kilberg, Eugene Scalia, Stephen A. Bokat, Janice S. Amundson, Daniel R. Barney, Lynda S. Mounts, George Green, and Peter A. Susser.

Bruce Justh, Assistant Counsel for Appellate Litigation, U.S. Department of Labor, argued the cause for respondents. With him on the brief were Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, and Barbara Werthmann, Counsel for Appellate Litigation.

Before: SILBERMAN, GINSBURG and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Dissenting opinion filed by Circuit Judge SILBERMAN.

GINSBURG, Circuit Judge:

The Occupational Safety and Health Administration, part of the United States Department of Labor, issued a "Directive" pursuant to which each employer in selected industries will be inspected unless it adopts a comprehensive safety and health program designed to meet standards that in some respects exceed those required...

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