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CHAO v. RUSSELL P. LE FROIS BUILDER, INC.

Docket No. 00-4057.

291 F.3d 219 (2002)

Elaine M. CHAO, Secretary of Labor, Petitioner, v. RUSSELL P. LE FROIS BUILDER, INC.; Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided May 10, 2002.

Attorney(s) appearing for the Case

Ronald J. Gottlieb, Office of the Solicitor, United States Department of Labor (Henry L. Solano, Solicitor of Labor, Joseph M. Woodward, and Ann Rosenthal, of counsel), Washington, DC, for Petitioner.

Arthur G. Sapper, McDermott, Will & Emery, Washington, DC, for Amici Curiae The National Federation of Independent Business and The Kitchen Cabinet Manufacturers Association.

Before: STRAUB, POOLER, and SACK, Circuit Judges.

SACK, Circuit Judge.

Title 29 U.S.C. § 661(g), a part of the Occupational Health and Safety Act of 1970, 29 U.S.C. §§ 651-78 (the "OSH Act" or the "Act"), provides that the Occupational Safety and Health Review Commission (the "Commission" or the "OSHRC") shall, in the absence of a contrary rule adopted by the Commission, hold its proceedings "in accordance with the Federal Rules of Civil Procedure," id. § 661(g). This appeal requires us...

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