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STURM, RUGER & CO., INC. v. CHAO

No. 01-5111.

300 F.3d 867 (2002)

STURM, RUGER & COMPANY, INC., Appellant, v. Elaine CHAO, Secretary, U.S. Department of Labor and Charles N. Jeffress, Assistant Secretary of Labor for Occupational Safety and Health, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 23, 2002.

Attorney(s) appearing for the Case

Richard D. Wayne argued the cause and filed the briefs for appellant.

Brian J. Sonfield, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, Eugene Scalia, Solicitor, U.S. Department of Labor, Joseph M. Woodward, Associate Solicitor, and Bruce Justh and Ronald J. Gottlieb, Counsel. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

Before: SENTELLE, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Sturm, Ruger & Company, Inc. filed a complaint in the United States District Court for the District of Columbia, challenging the Occupational Safety and Health Administration's Data Collection Initiative as unlawful. The court concluded that it lacked subject matter jurisdiction over the complaint, and that the company must pursue its claims through the review process prescribed...

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