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WYNNEWOOD REFINING v. OCCUPATIONAL SAFETY & HEALTH

No. 19-60357.

933 F.3d 499 (2019)

WYNNEWOOD REFINING COMPANY, L.L.C., and its successors, Petitioner v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Patrick Pizzella, Acting Secretary, Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED August 8, 2019.

Attorney(s) appearing for the Case

Eric Jay Conn , Micah Smith , Conn Maciel Carey, L.L.P., Washington, DC, for Petitioner.

John X. Cerveny , Occupational Safety & Health Review Commission, Washington, DC, Kate S. O'Scannlain , U.S. Department of Labor Office of the Solicitor, Washington, DC, for Respondent Occupational Safety and Health Review Commission.

Ronald Joseph Gottlieb, Esq. , Kate S. O'Scannlain , U.S. Department of Labor Office of the Solicitor, Washington, DC, John X. Cerveny , Occupational Safety & Health Review Commission, Washington, DC, for Respondent R. Alexander Acosta, Secretary, Department of Labor.

Before SMITH, COSTA, and HO, Circuit Judges.

Appeals of some agency rulings must be filed in only one court of appeals, often the D.C. Circuit. See, e.g., 47 U.S.C. § 402(b) (restricting venue for appeals from certain FCC decisions to the D.C. Circuit). But sometimes a party appealing an agency ruling has multiple circuits to choose from. That is the...

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