PEREZ v. LOREN COOK CO.

No. 13-1310.

750 F.3d 1006 (2014)

Thomas E. PEREZ, Secretary, United States Department of Labor, Petitioner v. LOREN COOK COMPANY, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: May 9, 2014.


Attorney(s) appearing for the Case

Kimberly Anne Robinson , argued, Washington, DC ( Charles F. Jameson , the brief), for Petitioner.

Douglas B.M. Ehlke , argued, Federal Way, WA, for Respondent.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.


MELLOY, Circuit Judge.

The Secretary of the Department of Labor petitions for review of an order of the Occupational Safety & Health Review Commission. In the order, the Commission approved without comment an underlying Administrative Law Judge's decision that addressed competing interpretations of a Department of Labor safety regulation, 29 C.F.R. § 1910.212(a)(1). The ALJ rejected the Secretary's interpretation of the regulation, found the regulation inapplicable...

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