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SECRETARY OF LABOR v. BAYWAY REFINERY

No. 10-2893.

654 F.3d 472 (2011)

SECRETARY OF LABOR, United States Department of Labor, Petitioner v. CONOCOPHILLIPS BAYWAY REFINERY, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 16, 2011.

Attorney(s) appearing for the Case

Gary K. Stearman (Argued), U.S. Department of Labor, Washington, D.C., for Petitioner.

Dennis J. Morikawa (Argued), Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Respondent.

Before: SLOVITER, FUENTES and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

In this appeal, although ConocoPhillips Bayway Refinery is the real party in interest, we are asked to decide between different interpretations of agency regulations — the one announced by the Secretary of Labor, the other by the Occupational Safety and Health Review Commission. Both entities are part and parcel of the Department of Labor. In this appeal, because two factions within the same government agency...

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