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ALDEN LEEDS v. O.S.H.R.C.

No. 00-2764.

298 F.3d 256 (2002)

ALDEN LEEDS, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Third Circuit.

Filed July 31, 2002.

Attorney(s) appearing for the Case

Eric S. Aronson (argued), Steven R. Rowland, Sills Cummis Radin Tischman Epstein & Gross, P.A., Newark, NJ, for petitioner.

Howard M. Radzely, Joseph Woodward, Ann Rosenthal, Ronald J. Gottlieb (argued), Office of the Solicitor, U.S. Department of Labor, Washington, D.C., for respondent.

BEFORE: ALITO and ROTH, Circuit Judges, and SCHWARZER, District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge.

Alden Leeds, Inc. ("Alden Leeds") petitions for review of an order of the Occupational Safety and Health Review Commission ("Commission"), which upheld a notification of failure to abate violations ("FTA notification") issued pursuant to Section 10(b) of the Occupational Safety and Health Act of 1970 ("Act"), 29 U.S.C. § 659(b). In 1993, Alden Leeds was cited for 13 instances in which pool chemicals had been...

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