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PLUM CREEK LUMBER CO. v. HUTTON

No. CV 78-8-M.

452 F.Supp. 575 (1978)

PLUM CREEK LUMBER COMPANY, Plaintiff, v. Harry C. HUTTON, Area Director, and Fred A. Bruno, Compliance Officer, Occupational Safety and Health Administration, United States Department of Labor, and Ray Marshall, Secretary of Labor, United States Department of Labor, Defendants.

United States District Court, D. Montana, Missoula Division.

June 29, 1978.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Missoula, Mont., George J. Tichy, Spokane, Wash., for plaintiff.

James Barkley, Denver, Colo., for defendants.

OPINION

RUSSELL E. SMITH, Chief Judge.

Plum Creek Lumber Company (Plum Creek) owns and operates a lumber mill, a plywood plant, and a medium-density fiber board plant at a location near Columbia Falls, Montana. In the course of its operations it uses machinery which makes noise, and its processes emanate formaldehyde fumes which the employees breath in the normal course of their work. Excessive noise over extended periods of time can damage hearing, and...

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