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CHICAGO BRIDGE & IRON CO. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

No. 75-1163.

535 F.2d 371 (1976)

CHICAGO BRIDGE & IRON COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, and John T. Dunlop, Secretary of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 10, 1976.

Attorney(s) appearing for the Case

William A. Cromartie, Jeremiah Marsh, Lester Asher, Jonathan T. Howe, Charles L. Michod, Chicago, Ill., D. Lynn Whitt, Oak Brook, Ill., for petitioner.

Michael H. Levin, Robert K. Salyers, U. S. Dept. of Labor, Washington, D. C., for respondent.

Ira J. Smotherman, Jr., Atlanta, Ga., for amici curiae.

Before HASTINGS, Senior Circuit Judge, SWYGERT, Circuit Judge, and PERRY, Senior District Judge.

SWYGERT, Circuit Judge.

This appeal presents the question of whether the failure of a Compliance Safety and Health Officer to meet with Chicago Bridge & Iron Company supervisors or its employee representatives and afford them an opportunity to "walkaround" an inspection of the worksite at which the company was a prime contractor, as required by section 8(e) of the Occupational Safety and Health Act,2 was grounds under the statute for...

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