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TRINITY INDUSTRIES v. OSHRC

No. 99-60171.

206 F.3d 539 (2000)

TRINITY INDUSTRIES, INC. Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Alexis M. Herman, Secretary of Labor, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

March 23, 2000.

Attorney(s) appearing for the Case

Robert E. Rader, Jr. (argued), Rader, Campbell, Fisher & Pyke, Dallas, TX, for Petitioner.

John R. Shortall (argued), U.S. Department of Labor, Washington, DC, for Respondents.

Bruce Foster Justh, U.S. Department of Labor, Henry L. Solano, Solicitor, U.S. Department of Labor, Office of the Solicitor, Ray H. Darling, Executive Secretary, Occupational Safety Health Administration, Washington, DC, for Occupational Safety and Health Review Com'n.

Before REYNALDO G. GARZA, JONES and EMILIO M. GARZA, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

BACKGROUND

Trinity Industries operates plants that manufacture and repair railcars. Trinity also "lines" new "hopper" railcars by spraying their insides with a chemical coating designed to seal and protect the interior of a railcar. Absent proper ventilation, this lining process has the potential to create a hazardous atmosphere inside the railcar. A hazardous atmosphere is defined as one that is oxygen deficient or which...

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