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McLEAN TRUCKING CO. v. OCCUPATIONAL SAFETY & H. R. COM'N

No. 73-2392.

503 F.2d 8 (1974)

McLEAN TRUCKING COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and Secretary of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1974.

Attorney(s) appearing for the Case

Wayne H. Foushee, for petitioner.

Karen K. Siegel, Atty., U. S. Dept. of Justice (William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol., for Occupational Safety and Health, Michael H. Levin, Washington, D. C., for Appellate Litigation, Helen Schuitmaker, Atty., U. S. Dept. of Labor, Carla A. Hills, Asst. Atty. Gen., and Stephen F. Eilperin, Atty., U. S. Dept. of Justice, on brief, for respondents.

Before CRAVEN, RUSSELL and FIELD, Circuit Judges.

FIELD, Circuit Judge:

McLean Trucking Company (McLean) has petitioned pursuant to Section 11(a) of the Occupational Safety and Health Act of 1970 (Act), 29 U.S.C. § 651 et seq., for review of a final order of the Occupational Safety and Health Review Commission (Commission) which became final on October 31, 1973. This court has jurisdiction under 29 U.S.C. § 660(a).

The order determined that McLean had violated Section 5(a)(2) of the Act by its non...

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