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CONNECTICUT DEPT. OF ENVIRON. PROTECT. v. O.S.H.A.

Docket No. 01-6127.

356 F.3d 226 (2004)

State of CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION Plaintiff-Appellee, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, Charles N. Jeffress, Assistant Secretary of Labor for Occupational Safety and Health, Ruth E. McCully, Regional Administrator, Region 1, OSHA, and John J. Stanton, Jr., OSHA Area Director, and Anne Rapkin, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: January 22, 2004.

Attorney(s) appearing for the Case

Carla R. Walworth (Neil B. Stekloff, of counsel), Paul, Hastings, Janofsky & Walker LLP, Stamford, CT, for Plaintiff-Appellee.

Michael Raab, Attorney, Appellate Staff, Civil Division, Department of Justice (Robert D. McCallum, Jr., Assistant Attorney General; John A. Danaher, III, United States Attorney; Mark B. Stern and Alisa B. Klein, Attorneys, Appellate Staff, Civil Division, Department of Justice, of counsel), Washington, DC, for Defendants-Appellants.

Before: CALABRESI, F.I. PARKER, and SACK, Circuit Judges.

SACK, Circuit Judge.

The United States Occupational Safety and Health Administration ("OSHA") appeals from an order of the United States District Court for the District of Connecticut (Gerard L. Goettel, Judge), entered on April 23, 2001, enjoining OSHA from taking any steps to investigate or adjudicate an administrative complaint against the State of Connecticut Department of Environmental Protection ("State DEP"). The administrative complaint, filed by Anne...

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